The Mandatory Reporting of Green House Gas Rule by theEPA is published on 30 OCtober, 2009. Here it is.
Categoires are the same as drafts:
Facilities operating boilers, process heaters, incinerators, turbines, and internal
combustion engines:
211 Extractors of crude petroleum and natural gas.
321 Manufacturers of lumber and wood products.
322 Pulp and paper mills.
325 Chemical manufacturers.
324 Petroleum refineries, and manufacturers of coal products.
316, 326, 339 Manufacturers of rubber and miscellaneous plastic products.
331 Steel works, blast furnaces.
332 Electroplating, plating, polishing, anodizing, and coloring.
336 Manufacturers of motor vehicle parts and accessories.
221 Electric, gas, and sanitary services.
622 Health services.
611 Educational services.
Electricity Generation ................................ 221112 Fossil-fuel fired electric generating units, including units owned by Federal and municipal
governments and units located in Indian Country.
Adipic Acid Production .............................. 325199 Adipic acid manufacturing facilities.
Aluminum Production ................................ 331312 Primary Aluminum production facilities.
Ammonia Manufacturing ........................... 325311 Anhydrous and aqueous ammonia manufacturing facilities.
Cement Production ................................... 327310 Portland Cement manufacturing plants.
Ferroalloy Production ................................ 331112 Ferroalloys manufacturing facilities.
Glass Production ...................................... 327211 Flat glass manufacturing facilities.
327213 Glass container manufacturing facilities.
327212 Other pressed and blown glass and glassware manufacturing facilities.
HCFC–22 Production and HFC–23 Destruction.
325120 Chlorodifluoromethane manufacturing facilities.
Hydrogen Production ................................ 325120 Hydrogen manufacturing facilities.
Iron and Steel Production ......................... 331111 Integrated iron and steel mills, steel companies, sinter plants, blast furnaces, basic
oxygen process furnace shops.
Lead Production ........................................ 331419 Primary lead smelting and refining facilities.
331492 Secondary lead smelting and refining facilities.
Lime Production ........................................ 327410 Calcium oxide, calcium hydroxide, dolomitic hydrates manufacturing facilities.
Nitric Acid Production ............................... 325311 Nitric acid manufacturing facilities.
Petrochemical Production ......................... 32511 Ethylene dichloride manufacturing facilities.
325199 Acrylonitrile, ethylene oxide, methanol manufacturing facilities.
325110 Ethylene manufacturing facilities
325182 Carbon black manufacturing facilities.
Petroleum Refineries ................................ 324110 Petroleum refineries.
Phosphoric Acid Production ..................... 325312 Phosphoric acid manufacturing facilities.
Pulp and Paper Manufacturing ................. 322110 Pulp mills.
322121 Paper mills.
322130 Paperboard mills.
Silicon Carbide Production ....................... 327910 Silicon carbide abrasives manufacturing facilities.
Soda Ash Manufacturing .......................... 325181 Alkalies and chlorine manufacturing facilities.
212391 Soda ash, natural, mining and/or beneficiation.
Titanium Dioxide Production ..................... 325188 Titanium dioxide manufacturing facilities.
Zinc Production ......................................... 331419 Primary zinc refining facilities.
331492 Zinc dust reclaiming facilities, recovering from scrap and/or alloying purchased metals.
Municipal Solid Waste Landfills ................ 562212 Solid waste landfills.
221320 Sewage treatment facilities.
Manure Management ................................ 112111 Beef cattle feedlots.
112120 Dairy cattle and milk production facilities.
112210 Hog and pig farms.
112310 Chicken egg production facilities.
112330 Turkey Production.
112320 Broilers and Other Meat type Chicken Production.
Suppliers of Coal Based Liquids Fuels .... 211111 Coal liquefaction at mine sites.
Suppliers of Petroleum Products .............. 324110 Petroleum refineries.
Suppliers of Natural Gas and NGLs ......... 221210 Natural gas distribution facilities.
211112 Natural gas liquid extraction facilities.
Suppliers of Industrial GHGs .................... 325120 Industrial gas manufacturing facilities.
Suppliers of Carbon Dioxide (CO2) .......... 325120 Industrial gas manufacturing facilities.
Mobile Sources ......................................... 333618 Heavy-duty, non-road, aircraft, locomotive, and marine diesel engine manufacturing.
336120 Heavy-duty vehicle manufacturing facilities.
336312 Small non-road, and marine spark-ignition engine manufacturing facilities.
336999 Personal watercraft manufacturing facilities.
336991 Motorcycle manufacturing facilities.
-Editor, GHG Management
More @ the EPA
Showing posts with label P- 40 CFR PART 98 Mandatory Green House Gas Reporting. Show all posts
Showing posts with label P- 40 CFR PART 98 Mandatory Green House Gas Reporting. Show all posts
Friday, 30 October 2009
Friday, 9 October 2009
Administration Says They will cut Carbon with EPA if Legislation Fails
WASHINGTON (Reuters) - The Obama administration has warned it could use the Environmental Protection Agency to help cut carbon emissions if Congress drags its heels, but legal and logistical problems could thwart that strategy.
A Senate climate bill unveiled last week faces slim odds of being passed and signed into law soon, with the U.S. economy shedding jobs and coal-dependent states fearing it would raise prices for electricity and steel and hurt manufacturing.
The delay in the United States, which has emitted more greenhouse gas pollution than any other country, is being closely watched by rich and developing countries seeking a lead on how to tackle global warming.
Some 190 nations due to meet in Copenhagen in December to thrash out a successor pact to the Kyoto Protocol want to see that the United States is serious about fighting climate change before committing to share the burden of slowing global warming.
The administration has always said it prefers legislation over action by the EPA. But to prod business to support efforts in Congress, and to show the world Washington is taking action on climate change, the administration has also pressed the EPA to take early steps on regulating greenhouse gases.
The same day the senators unveiled the bill, the EPA proposed a rule, that would narrow the scope of the Clean Air Act, to force new factories and power plants to cut greenhouse gas emissions.
In addition, Carol Browner, the administration's climate and energy coordinator, and a former administrator of the EPA, said last week that if Congress does not pass the bill the agency could work with U.S. states that have already formed cap-and-trade markets to expand them.
Environmental groups, like the Sierra Club, and legal experts, such as those at New York University's Institute for Policy Integrity, have said the EPA could get around Congress and create a national cap-and-trade market on the emissions.
EPA VULNERABLE TO LITIGATION
"I would question the ability of the EPA to follow through with that," said Divya Reddy, a Washington-based analyst at the Eurasia Group. Nearly any action the EPA takes would be "extremely vulnerable" to litigation and congressional intervention, she said.
Many of the troubles with EPA acting by itself on climate have to do with the sheer size of the potential U.S. carbon market.
If the EPA were to impose a national cap on carbon pollution, it would create credits worth hundreds of billions of dollars for the right to emit greenhouse gases, said Jeff Holmstead, a former EPA assistant administrator.
That's about 10 times the size of previous emissions programs on acid rain that the agency has helped run.
Another likely problem is that the EPA would have trouble dictating how the states should distribute the permits and spend profits from their sale.
"LOTS OF WORK FOR LAWYERS"
Analysts say legislation by Congress would be more acceptable politically because it would represent a compromise between various political interests rather than a ruling imposed from above by one agency.
And if an EPA program works poorly, opponents would point the finger at the administration, not the entire Congress.
"Bottom line is EPA may have a lot of authority but you can bet the opponents of action are going to sue on every single thing EPA does," said Frank O'Donnell, the president of activist group Clean Air Watch.
Holmstead said any attempt to regulate carbon under the Clean Air Act, the law that empowers the EPA to protect air quality, would "create lots of work for lawyers."
One congressional aide, who asked not to be identified, was more blunt about any attempt to change the Act: "EPA would be attempting to rewrite legislation. They don't do that. Congress does."
Lawmakers too could continue to try to chip away at EPA rules. Senator Lisa Murkowski, who is the senior Republican on the Senate Energy and Natural Resources Committee, already has sought a one-year delay on the proposed EPA smokestack rule. She says it would hurt the economy.
The Senate squashed the attempt last month, but Murkowski may try again. "She is continuing to look for opportunities," Robert Dillon, a spokesman for the senator, said on Wednesday.
(Additional reporting by Richard Cowan; Editing by Xavier
The Rest @ Reuters
A Senate climate bill unveiled last week faces slim odds of being passed and signed into law soon, with the U.S. economy shedding jobs and coal-dependent states fearing it would raise prices for electricity and steel and hurt manufacturing.
The delay in the United States, which has emitted more greenhouse gas pollution than any other country, is being closely watched by rich and developing countries seeking a lead on how to tackle global warming.
Some 190 nations due to meet in Copenhagen in December to thrash out a successor pact to the Kyoto Protocol want to see that the United States is serious about fighting climate change before committing to share the burden of slowing global warming.
The administration has always said it prefers legislation over action by the EPA. But to prod business to support efforts in Congress, and to show the world Washington is taking action on climate change, the administration has also pressed the EPA to take early steps on regulating greenhouse gases.
The same day the senators unveiled the bill, the EPA proposed a rule, that would narrow the scope of the Clean Air Act, to force new factories and power plants to cut greenhouse gas emissions.
In addition, Carol Browner, the administration's climate and energy coordinator, and a former administrator of the EPA, said last week that if Congress does not pass the bill the agency could work with U.S. states that have already formed cap-and-trade markets to expand them.
Environmental groups, like the Sierra Club, and legal experts, such as those at New York University's Institute for Policy Integrity, have said the EPA could get around Congress and create a national cap-and-trade market on the emissions.
EPA VULNERABLE TO LITIGATION
"I would question the ability of the EPA to follow through with that," said Divya Reddy, a Washington-based analyst at the Eurasia Group. Nearly any action the EPA takes would be "extremely vulnerable" to litigation and congressional intervention, she said.
Many of the troubles with EPA acting by itself on climate have to do with the sheer size of the potential U.S. carbon market.
If the EPA were to impose a national cap on carbon pollution, it would create credits worth hundreds of billions of dollars for the right to emit greenhouse gases, said Jeff Holmstead, a former EPA assistant administrator.
That's about 10 times the size of previous emissions programs on acid rain that the agency has helped run.
Another likely problem is that the EPA would have trouble dictating how the states should distribute the permits and spend profits from their sale.
"LOTS OF WORK FOR LAWYERS"
Analysts say legislation by Congress would be more acceptable politically because it would represent a compromise between various political interests rather than a ruling imposed from above by one agency.
And if an EPA program works poorly, opponents would point the finger at the administration, not the entire Congress.
"Bottom line is EPA may have a lot of authority but you can bet the opponents of action are going to sue on every single thing EPA does," said Frank O'Donnell, the president of activist group Clean Air Watch.
Holmstead said any attempt to regulate carbon under the Clean Air Act, the law that empowers the EPA to protect air quality, would "create lots of work for lawyers."
One congressional aide, who asked not to be identified, was more blunt about any attempt to change the Act: "EPA would be attempting to rewrite legislation. They don't do that. Congress does."
Lawmakers too could continue to try to chip away at EPA rules. Senator Lisa Murkowski, who is the senior Republican on the Senate Energy and Natural Resources Committee, already has sought a one-year delay on the proposed EPA smokestack rule. She says it would hurt the economy.
The Senate squashed the attempt last month, but Murkowski may try again. "She is continuing to look for opportunities," Robert Dillon, a spokesman for the senator, said on Wednesday.
(Additional reporting by Richard Cowan; Editing by Xavier
The Rest @ Reuters
Tuesday, 6 October 2009
On September 22, 2009, EPA released final regulations that require approximately 10,000 facilities to report their greenhouse gas (GHG) emissions annually.[1] Covered facilities must begin monitoring January 1, 2010, and file their first annual reports by March 31, 2011. The reporting rule generally applies to facilities that emit more than 25,000 tons of GHG a year, although some sources with lower emissions also will be subject to the rule. EPA estimates that the reporting rule will cover about 85 percent of GHG emissions in the United States.
EPA’s final rule identifies 29 specific categories of covered sources, such as oil refineries, pulp and paper manufacturing, landfills, manure management, and producers of aluminum, cement, iron and steel, glass, and various chemicals, as well as a residual category for facilities with large stationary fuel burning sources.[2] Sources in 15 of these categories will have to report their GHG emissions even if they do not exceed the generally applicable 25,000 ton threshold.[3]
In addition to requiring reporting from facilities with direct GHG emissions, the rule also applies to “upstream” GHG sources, including producers, importers, and exporters of petroleum products, natural gas, and industrial GHGs.
They will be required to report based upon the GHG content of the fuels or gases they supply into the market.[4] The rule excludes coal suppliers and underground coal mines, apparently because emissions from burning coal will be reflected in reports from sources that generate electricity. The rule also applies to the makers of certain mobile sources: heavy-duty trucks, motorcycles, airplanes, and nonroad engines. The makers of cars and light-duty trucks are excluded, but EPA intends to cover them in a rule under development that would set standards for GHG emissions from those vehicles.
Background
EPA’s reporting rule originated from a provision included in the Consolidated Appropriations Act for federal fiscal year 2008. That Act directed EPA to develop final rules for mandatory GHG reporting “above appropriate thresholds in all sectors of the economy of the United States” by June 26, 2009.[5] EPA released its draft regulations on March 10, 2009, and announced a 60-day public comment period. The proposed rule understandably drew a raft of public comment. See Hundreds Send Comments to EPA On Proposed Greenhouse Gas Reporting Rule, Set To Begin In 2010, Marten Law Group Environmental News (June 23, 2009).
In issuing this final GHG reporting rule, EPA has relied upon its existing authority under provisions of the federal Clean Air Act, sections 114 and 208,[6] that allow the agency to gather information from regulated stationary sources, and from the manufacturers of mobile sources. The new reporting rule creates a new chapter in EPA’s regulations (40 C.F.R. Part 98) and amend 13 other existing regulations.
Covered Sources
EPA has identified three groups of GHG sources subject to the rule: “downstream,” “upstream,” and mobile sources.
Some source categories that would have been included under the proposed rule have been removed from the final rule and “deferred” for further consideration, including electronics manufacturing, food processing, underground coal mines, and the suppliers of coal.
Downstream sources are commercial and industrial plants and other types of facilities that have the potential to directly emit significant amounts of GHGs. Sources in 15 categories – including
Most other covered sources must report if their emissions exceed 25,000 tons of GHG per year.
Landfills must report based on their methane emissions, and “manure management systems” based on their methane and nitrous oxide emissions.
Upstream sources are fuel suppliers – the makers and importers or exporters of petroleum products, natural gas, and coal-based liquid fuels – as well as suppliers of industrial GHGs.
Reporting the GHG content of the fuels and gases supplied by these companies serves as a surrogate for the GHG emissions that occur from use of their products.
It does not account for the role of these products in processes or products that sequester the potential GHG emissions for indefinite periods. However, it avoids the likely futile and certainly burdensome alternative of attempting to determine actual GHG emissions from end uses of these products.
For mobile sources, reporting is required by the manufacturers and importers of vehicles and engines that are outside the “light duty” category (cars and light trucks).
Makers of heavy-duty trucks, motorcycles, and off-road engines will have to report carbon dioxide (CO2) beginning with model year 2011, and other GHGs starting in later model years. Cars and light-duty trucks are excluded from the rule.
The proposed rule had a “once in-always in” requirement; once a facility is subject to the rule, it would have to continue reporting emissions even if it later dropped below the reporting threshold.
But the final rule contains several off ramps that allow a facility to stop monitoring and reporting GHG emissions. For example, if a facility’s emissions are below 25,000 tons for five consecutive years, then it can stop monitoring and reporting, but must notify EPA, including an explanation of why emissions declined.
The same is true if reported emissions are below 15,000 tons for three consecutive years. A facility also may stop reporting if it ceases operating the GHG-emitting equipment or processes, but again must notify EPA.
Monitoring Methods
EPA has adopted a hybrid approach to GHG monitoring, with specific monitoring and emission estimating methods for individual source categories and general criteria for fuel combustion sources that do not fall within specific source categories.
As a concession to concerns raised in comments on the proposed rule, the final rule allows covered sources to use “best available monitoring methods” for the first quarter of 2010. This is intended to give facilities additional time to install equipment or develop more detailed methods, as required by the monitoring provisions of the rule. The rule also allows facilities to request waivers to extend the period during which “best available” methods may be used.
Reporting and Records Retention
EPA’s regulations set out the elements that must be included in annual emission reports, beginning March 31, 2011.These include
This is a change from the proposed rule, which would have required retention for 5 years (EPA’s other Clean Air Act recordkeeping provisions also generally require retention for 5 years).
Emissions Verification
In response to the proposed reporting rule, which also called for self-certification of emission reports, EPA received comments from states, environmental organizations, and some covered industries encouraging the agency to adopt a third-party verification system for GHG emission reporting.
Europe’s existing GHG cap-and-trade program relies on third-party verification, as do voluntary and mandatory GHG reporting programs developed by a number of states and other organizations. The expectation is that a U.S. cap-and-trade program also is likely to rely on third-party verification, at least for some aspects of the program.
Some companies that have been voluntarily reporting GHG emissions noted that third-party verifiers also have helped correct errors in their emission estimates, producing higher quality data in the end.
The third-party verification model would be more similar to the approach used in oversight of financial reporting by publicly traded companies, where regulated companies are privately audited and audit results are reported and subject to verification by federal regulators.
But rather than shift to that model, EPA’s GHG reporting rule sticks with a direct regulatory oversight model, as it has used in other environmental programs.
Relationship to State Programs
EPA’s reporting rule does not preempt states from requiring their own GHG emission reporting.
The Climate Registry’s reporting protocols vary from EPA’s new rule in several respects.
EPA has stated that it wants to be able to share data with the states and the Climate Registry, and harmonize data systems to the extent possible. EPA also indicated it will work with the states and the Climate Registry on a data exchange standard. This may prove difficult, however, given the divergence in reporting thresholds and other varying elements of the reporting programs.
Other Pending EPA Regulatory Actions
EPA also has pending a number of other regulatory actions affecting GHG emissions, including:
Conclusion
Congress directed EPA to use its existing authority under the federal Clean Air Act to develop rules requiring the reporting of GHG emissions. EPA has now done so. These new rules do not limit or control GHG emissions, although they certainly point in that direction.
For the most part, EPA’s GHG reporting rule follows the same monitoring, recordkeeping, and reporting structure as existing Clean Air Act regulations, and so they should be familiar to the regulated sources. Still, many regulated facilities may face duplicative or conflicting state reporting requirements.
The Rest @ Martin Law Group by By Svend Brandt-Erichsen
EPA’s final rule identifies 29 specific categories of covered sources, such as oil refineries, pulp and paper manufacturing, landfills, manure management, and producers of aluminum, cement, iron and steel, glass, and various chemicals, as well as a residual category for facilities with large stationary fuel burning sources.[2] Sources in 15 of these categories will have to report their GHG emissions even if they do not exceed the generally applicable 25,000 ton threshold.[3]
In addition to requiring reporting from facilities with direct GHG emissions, the rule also applies to “upstream” GHG sources, including producers, importers, and exporters of petroleum products, natural gas, and industrial GHGs.
They will be required to report based upon the GHG content of the fuels or gases they supply into the market.[4] The rule excludes coal suppliers and underground coal mines, apparently because emissions from burning coal will be reflected in reports from sources that generate electricity. The rule also applies to the makers of certain mobile sources: heavy-duty trucks, motorcycles, airplanes, and nonroad engines. The makers of cars and light-duty trucks are excluded, but EPA intends to cover them in a rule under development that would set standards for GHG emissions from those vehicles.
Background
EPA’s reporting rule originated from a provision included in the Consolidated Appropriations Act for federal fiscal year 2008. That Act directed EPA to develop final rules for mandatory GHG reporting “above appropriate thresholds in all sectors of the economy of the United States” by June 26, 2009.[5] EPA released its draft regulations on March 10, 2009, and announced a 60-day public comment period. The proposed rule understandably drew a raft of public comment. See Hundreds Send Comments to EPA On Proposed Greenhouse Gas Reporting Rule, Set To Begin In 2010, Marten Law Group Environmental News (June 23, 2009).
In issuing this final GHG reporting rule, EPA has relied upon its existing authority under provisions of the federal Clean Air Act, sections 114 and 208,[6] that allow the agency to gather information from regulated stationary sources, and from the manufacturers of mobile sources. The new reporting rule creates a new chapter in EPA’s regulations (40 C.F.R. Part 98) and amend 13 other existing regulations.
Covered Sources
EPA has identified three groups of GHG sources subject to the rule: “downstream,” “upstream,” and mobile sources.
Some source categories that would have been included under the proposed rule have been removed from the final rule and “deferred” for further consideration, including electronics manufacturing, food processing, underground coal mines, and the suppliers of coal.
Downstream sources are commercial and industrial plants and other types of facilities that have the potential to directly emit significant amounts of GHGs. Sources in 15 categories – including
- aluminum
- cement
- petrochemical producers
- petroleum refineries
- ectricity generators subject to the acid rain program
Most other covered sources must report if their emissions exceed 25,000 tons of GHG per year.
Landfills must report based on their methane emissions, and “manure management systems” based on their methane and nitrous oxide emissions.
Upstream sources are fuel suppliers – the makers and importers or exporters of petroleum products, natural gas, and coal-based liquid fuels – as well as suppliers of industrial GHGs.
Reporting the GHG content of the fuels and gases supplied by these companies serves as a surrogate for the GHG emissions that occur from use of their products.
It does not account for the role of these products in processes or products that sequester the potential GHG emissions for indefinite periods. However, it avoids the likely futile and certainly burdensome alternative of attempting to determine actual GHG emissions from end uses of these products.
For mobile sources, reporting is required by the manufacturers and importers of vehicles and engines that are outside the “light duty” category (cars and light trucks).
Makers of heavy-duty trucks, motorcycles, and off-road engines will have to report carbon dioxide (CO2) beginning with model year 2011, and other GHGs starting in later model years. Cars and light-duty trucks are excluded from the rule.
The proposed rule had a “once in-always in” requirement; once a facility is subject to the rule, it would have to continue reporting emissions even if it later dropped below the reporting threshold.
But the final rule contains several off ramps that allow a facility to stop monitoring and reporting GHG emissions. For example, if a facility’s emissions are below 25,000 tons for five consecutive years, then it can stop monitoring and reporting, but must notify EPA, including an explanation of why emissions declined.
The same is true if reported emissions are below 15,000 tons for three consecutive years. A facility also may stop reporting if it ceases operating the GHG-emitting equipment or processes, but again must notify EPA.
Monitoring Methods
EPA has adopted a hybrid approach to GHG monitoring, with specific monitoring and emission estimating methods for individual source categories and general criteria for fuel combustion sources that do not fall within specific source categories.
- Facilities that already collect and report their emissions data, like power plants that are subject to the federal acid rain program, must directly measure and record their GHG emissions.
- Other source categories can use facility-specific calculations to estimate their emissions. Vehicle and engine manufacturers generally are required to use existing certification and test protocols. Oil, natural gas, and industrial gas suppliers will report the amount and type of products they produced, imported, and exported.
As a concession to concerns raised in comments on the proposed rule, the final rule allows covered sources to use “best available monitoring methods” for the first quarter of 2010. This is intended to give facilities additional time to install equipment or develop more detailed methods, as required by the monitoring provisions of the rule. The rule also allows facilities to request waivers to extend the period during which “best available” methods may be used.
Reporting and Records Retention
EPA’s regulations set out the elements that must be included in annual emission reports, beginning March 31, 2011.These include
- Specifying the volume of CO2, methane, nitrous oxide, and fluorinated GHGs emitted by each regulated source category present at a facility
- The aggregate GHG emissions for the facility.
- Facilities will be able to report aggregated emissions for smaller sources.
This is a change from the proposed rule, which would have required retention for 5 years (EPA’s other Clean Air Act recordkeeping provisions also generally require retention for 5 years).
Emissions Verification
- Reporting companies will be required to self-certify their emissions reports.
- Facilities are required to identify a “designated representative” who will certify all emission reports, and must formally designate that individual in a submittal to EPA at least 60 days before submitting any emission report certified by that individual.
In response to the proposed reporting rule, which also called for self-certification of emission reports, EPA received comments from states, environmental organizations, and some covered industries encouraging the agency to adopt a third-party verification system for GHG emission reporting.
Europe’s existing GHG cap-and-trade program relies on third-party verification, as do voluntary and mandatory GHG reporting programs developed by a number of states and other organizations. The expectation is that a U.S. cap-and-trade program also is likely to rely on third-party verification, at least for some aspects of the program.
Some companies that have been voluntarily reporting GHG emissions noted that third-party verifiers also have helped correct errors in their emission estimates, producing higher quality data in the end.
The third-party verification model would be more similar to the approach used in oversight of financial reporting by publicly traded companies, where regulated companies are privately audited and audit results are reported and subject to verification by federal regulators.
But rather than shift to that model, EPA’s GHG reporting rule sticks with a direct regulatory oversight model, as it has used in other environmental programs.
Relationship to State Programs
EPA’s reporting rule does not preempt states from requiring their own GHG emission reporting.
- At least 17 states have developed or are developing mandatory GHG reporting programs.
- Currently, 12 of those programs are in effect, and the other 5 are slated to begin between 2010 and 2012.
- For example, the State of Washington has recently announced that it will release its final rules next month (October 2009), requiring reporting of 2009 emissions in early 2010.
- The State programs vary in reporting thresholds, the criteria for covered facilities, what emissions must be reported (only CO2, or some or all of the 6 primary GHGs), and monitoring and data verification requirements.
The Climate Registry’s reporting protocols vary from EPA’s new rule in several respects.
- For example, the Climate Registry calls for collective reporting of emissions from all sources controlled by a reporting entity, rather than facility-specific reporting,
- Third party verification of GHG emissions data,
- Reporting of “indirect” emissions that are emitted in generating electricity used by the entity’s facilities.
EPA has stated that it wants to be able to share data with the states and the Climate Registry, and harmonize data systems to the extent possible. EPA also indicated it will work with the states and the Climate Registry on a data exchange standard. This may prove difficult, however, given the divergence in reporting thresholds and other varying elements of the reporting programs.
Other Pending EPA Regulatory Actions
EPA also has pending a number of other regulatory actions affecting GHG emissions, including:
- Notice of Proposed Rulemaking to Establish Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Fuel Economy Standards (signed September 15, 2009);
- Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act, 74 FR 18886 (April 24, 2009);
- Reconsideration of “EPA’s Interpretation of Regulations that Determine Pollutants Covered By Federal Prevention of Significant Deterioration (PSD) Permit Program” 73 FR 80300 (December 31, 2008);
- Granted California’s request for a waiver for its GHG vehicle standard, 74 FR 32744 (July 8, 2009)
Conclusion
Congress directed EPA to use its existing authority under the federal Clean Air Act to develop rules requiring the reporting of GHG emissions. EPA has now done so. These new rules do not limit or control GHG emissions, although they certainly point in that direction.
For the most part, EPA’s GHG reporting rule follows the same monitoring, recordkeeping, and reporting structure as existing Clean Air Act regulations, and so they should be familiar to the regulated sources. Still, many regulated facilities may face duplicative or conflicting state reporting requirements.
The Rest @ Martin Law Group by By Svend Brandt-Erichsen
Tuesday, 29 September 2009
Analysis of EPA's new Mandatory Green House Gas Rule
This is not brand new news to our readers, but we have been watching reaction to the EPAs 40CFR Part 98 Final Rule that was released last week.
This is an article by Mondaq.com.
-Editor
29 September 2009
Article by Julie S. Solmer-Stine, Mark A. Thimke and Richard G. Stoll, Esq.
Less than an hour after President Obama's September 22, 2009 United Nations speech stressing his commitment to strong climate protection, EPA released its long-awaited final rule mandating greenhouse-gas (GHG) monitoring and reporting.
Approximately 10,000 facilities in all sectors of the economy will be required to monitor and report their GHG emissions beginning in 2010. The new rule requires reporting of GHG emissions over defined "threshold levels" on an annual basis.
The requirements are estimated to cover 85 percent of total U.S. GHG emissions, at a cost to the private sector of $115 million in the first year and $72 million in subsequent years.
The rule requires data collection beginning January 1, 2010, with the first annual reports due March 31, 2011. The reporting requirements generally apply to facilities within one of 31 source categories that emit at least 25,000 metric tons of carbon dioxide equivalent (CO2e) per year. (As explained further below, final action on 11 additional source categories has been deferred.)
The 25,000-ton threshold applies to cumulative emissions for the calendar year; thus, if there is a possibility that a facility may meet or exceed the threshold by the end of the year, it will need to collect data beginning January 1, 2010.
Most commercial buildings and small businesses are expected to be below the threshold (25,000 metric tons CO2e is equivalent to the annual GHG emissions from the energy use of approximately 2,300 homes or 4,600 passenger vehicles).
EPA stressed in its Fact Sheet accompanying the final rule that the only type of agricultural facilities covered would be livestock operations with manure management systems.
Additionally, EPA is not requiring mobile sources, including fleet operators and vehicle owners, to report at this time because such emissions will be covered by reports from fuel suppliers and engine manufacturers.
Although most facilities will be required to report annually, facilities already reporting under other mandatory programs such as the CAA Acid Rain Program will be required to report quarterly.
Facilities are no longer required to report if they shut down or report less than 25,000 metric tons CO2e for five consecutive years, or less than 15,000 metric tons CO2e for three consecutive years.
The rule also includes provisions to ensure the accuracy of emissions data through monitoring, recordkeeping, and verification.
EPA will consider the following to be violations:
The final rule follows an April 2009 proposed rule and departs from the proposed rule in several significant respects in that it:
EPA had been pressured by certain interest groups to require independent third-party verification of annual reports, but has decided not to take this step in its final rule.
Finally, EPA deferred final action on 11 industrial source categories in its September 22, 2009 final rule.
EPA stated that it will "further consider comments and options" before deciding whether to subject facilities in these sectors to the mandatory reporting requirements: electronics manufacturing, ethanol production, fluorinated greenhouse gas production, food processing, magnesium production, oil and natural gas systems, sulfur hexafluoride (sf6) from electrical equipment, underground coal mines, industrial landfills, wastewater treatment, and suppliers of coal.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
The Rest @ Mondaqhttp://www.mondaq.com/.com
This is an article by Mondaq.com.
-Editor
29 September 2009
Article by Julie S. Solmer-Stine, Mark A. Thimke and Richard G. Stoll, Esq.
Less than an hour after President Obama's September 22, 2009 United Nations speech stressing his commitment to strong climate protection, EPA released its long-awaited final rule mandating greenhouse-gas (GHG) monitoring and reporting.
Approximately 10,000 facilities in all sectors of the economy will be required to monitor and report their GHG emissions beginning in 2010. The new rule requires reporting of GHG emissions over defined "threshold levels" on an annual basis.
The requirements are estimated to cover 85 percent of total U.S. GHG emissions, at a cost to the private sector of $115 million in the first year and $72 million in subsequent years.
- EPA's new rule responds to a congressional mandate buried in the FY 2008 Consolidated Appropriations Act, which directed EPA to issue regulations for "mandatory reporting of greenhouse gas emissions above appropriate thresholds in all sectors of the economy." Pub. L. No. 110-161, 121 Stat. 1844, 2128 (2008).
- The rule relies on EPA's existing Clean Air Act (CAA) authority.
- It does not require controls or limits on GHG emissions, but EPA has several programs for GHG controls in its CAA regulatory "pipeline," and Congress may enact new global climate legislation.
The rule requires data collection beginning January 1, 2010, with the first annual reports due March 31, 2011. The reporting requirements generally apply to facilities within one of 31 source categories that emit at least 25,000 metric tons of carbon dioxide equivalent (CO2e) per year. (As explained further below, final action on 11 additional source categories has been deferred.)
The 25,000-ton threshold applies to cumulative emissions for the calendar year; thus, if there is a possibility that a facility may meet or exceed the threshold by the end of the year, it will need to collect data beginning January 1, 2010.
Most commercial buildings and small businesses are expected to be below the threshold (25,000 metric tons CO2e is equivalent to the annual GHG emissions from the energy use of approximately 2,300 homes or 4,600 passenger vehicles).
EPA stressed in its Fact Sheet accompanying the final rule that the only type of agricultural facilities covered would be livestock operations with manure management systems.
Additionally, EPA is not requiring mobile sources, including fleet operators and vehicle owners, to report at this time because such emissions will be covered by reports from fuel suppliers and engine manufacturers.
Although most facilities will be required to report annually, facilities already reporting under other mandatory programs such as the CAA Acid Rain Program will be required to report quarterly.
Facilities are no longer required to report if they shut down or report less than 25,000 metric tons CO2e for five consecutive years, or less than 15,000 metric tons CO2e for three consecutive years.
- Reports must be submitted directly to EPA through an electronic system still under development.
- The rule does not, however, preempt states from requiring their own GHG reporting.
- Reports must be made at the facility level, with the exception of certain source categories required to report at the corporate level.
- These include certain suppliers of fossil fuels, and vehicle and engine manufacturers outside the light-duty sector.
- The GHGs that must be reported include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride as well as other fluorinated gases.
The rule also includes provisions to ensure the accuracy of emissions data through monitoring, recordkeeping, and verification.
- "Best available" monitoring methods may be used through March 31, 2010.
- After that time, facilities must comply with the monitoring methods specified in the regulations.
- Records generally must be maintained for three years.
- Third-party verification is not required; reporters are required to self-certify using a designated representative.
- The rule includes requirements for establishing the designated representative including submittal of a certificate of representation to EPA at least 60 days prior to the deadline for submission of the emission report.
EPA will consider the following to be violations:
- failure to report,
- failure to collect data needed to calculate emissions,
- failure to continuously monitor and test as required,
- failure to retain records,
- failure to calculate emissions following the methodologies specified in the regulations.
The final rule follows an April 2009 proposed rule and departs from the proposed rule in several significant respects in that it:
- Adds a mechanism for exiting the program
- Allows the use of "best available" monitoring methods through March 31, 2010
- Excludes research and development activities from reporting
- Adds a provision to require submittal of revised reports to correct errors
- Changes the records retention period from five to three years
EPA had been pressured by certain interest groups to require independent third-party verification of annual reports, but has decided not to take this step in its final rule.
Finally, EPA deferred final action on 11 industrial source categories in its September 22, 2009 final rule.
EPA stated that it will "further consider comments and options" before deciding whether to subject facilities in these sectors to the mandatory reporting requirements: electronics manufacturing, ethanol production, fluorinated greenhouse gas production, food processing, magnesium production, oil and natural gas systems, sulfur hexafluoride (sf6) from electrical equipment, underground coal mines, industrial landfills, wastewater treatment, and suppliers of coal.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
The Rest @ Mondaqhttp://www.mondaq.com/.com
Wednesday, 23 September 2009
Mandatory Reporting of Green House Gas Emissions to the EPA - Where do I Get info?
The final rule was signed by the Administrator on September 22, 2009. Here it is
EPA’s new reporting system will provide a better understanding of where GHGs are coming from and will guide development of the best possible policies and programs to reduce emissions.
This comprehensive, nationwide emissions data will help in the fight against climate change.
Source: The EPA Climate Change Website
Post sponsored by Trinity Green Services : Request more information
EPA’s new reporting system will provide a better understanding of where GHGs are coming from and will guide development of the best possible policies and programs to reduce emissions.
This comprehensive, nationwide emissions data will help in the fight against climate change.
- Press Release
- Final Mandatory GHG Reporting Preamble (full version) (PDF) (591 pp, 4.67 MB, About PDF)
- Preamble Sec. I - II, p. 1-150 (Introduction, Background, General Requirements of the Rule) (PDF) (150 pp, 567 KB, About PDF)
- Preamble Sec. III.A – III.S, p. 151-300 (Overview and Electricity Purchases through Lime Manufacturing) (PDF) (150 pp, 558 KB, About PDF)
- Preamble Sec. III.T – III.PP, p. 301-489 (Magnesium Production through Suppliers of Carbon Dioxide) (PDF) (189 pp, 629 KB, About PDF)
- Preamble Sec. IV – VIII, p. 489-591 (Mobile Sources through Statutory and Executive Order Reviews) (PDF) (103 pp, 537 KB, About PDF)
- Final Mandatory GHG Reporting Rule Text (full version) (PDF) (711 pp, 2.11 MB, About PDF)
- Rule Parts 86-94, p. 592-600 (Mobile Sources) (PDF) (9 pp, 548 KB, About PDF)
- Rule Part 98, subparts A-C, p. 600-791 (General Provisions through General Stationary Fuel Combustion Sources) (PDF) (192 pp, 953 KB, About PDF)
- Rule Part 98, subparts D-Z, p. 791-1048 (Electricity Generation through Phosphoric Acid Production) (PDF) (258 pp, 1.13 MB, About PDF)
- Rule Part 98, subparts AA-PP, p. 1049-1249 (Pulp and Paper Manufacturing through Suppliers of Carbon Dioxide) (PDF) (201 pp, 1.01 MB, About PDF)
- Rule Parts 1033-1065, p. 1249-1302 (Mobile Sources) (PDF) (54 pp, 662 KB, About PDF)
- Response to Comments (Coming Soon)
Source: The EPA Climate Change Website
Post sponsored by Trinity Green Services : Request more information
Tuesday, 22 September 2009
EPAs Collection for Mandatory Reporting of Greenhouse Gas begins in 15 Weeks
9/22/09 EPA Website beings
WASHINGTON – On January 1, 2010, the U.S. Environmental Protection Agency will, for the first time, require large emitters of heat-trapping emissions to begin collecting greenhouse gas (GHG) data under a new reporting system. This new program will cover approximately 85 percent of the nation’s GHG emissions and apply to roughly 10,000 facilities.
“This is a major step forward in our effort to address the greenhouse gases polluting our skies,” said EPA Administrator Lisa P. Jackson. “For the first time, we begin collecting data from the largest facilities in this country, ones that account for approximately 85 percent of the total U.S. emissions. The American public, and industry itself, will finally gain critically important knowledge and with this information we can determine how best to reduce those emissions.”
EPA’s new reporting system will provide a better understanding of where GHGs are coming from and will guide development of the best possible policies and programs to reduce emissions. The data will also allow businesses to track their own emissions, compare them to similar facilities, and provide assistance in identifying cost effective ways to reduce emissions in the future. This comprehensive, nationwide emissions data will help in the fight against climate change.
Greenhouse gases, like carbon dioxide, are produced by burning fossil fuels and through industrial and biological processes. Fossil fuel and industrial GHG suppliers, motor vehicle and engine manufacturers, and facilities that emit 25,000 metric tons or more of CO2 equivalent per year will be required to report GHG emissions data to EPA annually. This threshold is equivalent to about the annual GHG emissions from 4,600 passenger vehicles.
The first annual reports for the largest emitting facilities, covering calendar year 2010, will be submitted to EPA in 2011. Vehicle and engine manufacturers outside of the light-duty sector will begin phasing in GHG reporting with model year 2011. Some source categories included in the proposed rule are still under review.
More information on the new reporting system and reporting requirements: http://www.epa.gov/climatechange/emissions/ghgrulemaking.html
The Rest @ EPA website
WASHINGTON – On January 1, 2010, the U.S. Environmental Protection Agency will, for the first time, require large emitters of heat-trapping emissions to begin collecting greenhouse gas (GHG) data under a new reporting system. This new program will cover approximately 85 percent of the nation’s GHG emissions and apply to roughly 10,000 facilities.
“This is a major step forward in our effort to address the greenhouse gases polluting our skies,” said EPA Administrator Lisa P. Jackson. “For the first time, we begin collecting data from the largest facilities in this country, ones that account for approximately 85 percent of the total U.S. emissions. The American public, and industry itself, will finally gain critically important knowledge and with this information we can determine how best to reduce those emissions.”
EPA’s new reporting system will provide a better understanding of where GHGs are coming from and will guide development of the best possible policies and programs to reduce emissions. The data will also allow businesses to track their own emissions, compare them to similar facilities, and provide assistance in identifying cost effective ways to reduce emissions in the future. This comprehensive, nationwide emissions data will help in the fight against climate change.
Greenhouse gases, like carbon dioxide, are produced by burning fossil fuels and through industrial and biological processes. Fossil fuel and industrial GHG suppliers, motor vehicle and engine manufacturers, and facilities that emit 25,000 metric tons or more of CO2 equivalent per year will be required to report GHG emissions data to EPA annually. This threshold is equivalent to about the annual GHG emissions from 4,600 passenger vehicles.
The first annual reports for the largest emitting facilities, covering calendar year 2010, will be submitted to EPA in 2011. Vehicle and engine manufacturers outside of the light-duty sector will begin phasing in GHG reporting with model year 2011. Some source categories included in the proposed rule are still under review.
More information on the new reporting system and reporting requirements: http://www.epa.gov/climatechange/emissions/ghgrulemaking.html
The Rest @ EPA website
Monday, 21 September 2009
EPAs Mandatory GHG Reporting Rule passes OMB
The Environmental Protection Agency's (EPA) Mandatory Greenhouse Gas (GHG) Reporting final rule today cleared the Office of Management and Budget. The final rule is expected to require that emissions from both upstream production and downstream sources be reported, as the EPA administrator deems appropriate. This rulemaking establishes monitoring, reporting and recordkeeping requirements on facilities that produce, import, or emit greenhouse gases above 25,000 CO2 equivalents annually.
The final rule is expected to require the first annual report to be submitted to EPA in 2011, for the calendar year 2010, except for vehicle and engine manufacturers, which will begin reporting for model year 2011.
The Rest @ the Cattle Network.
Here's more from Greenwire:
The White House has signed off on the Environmental Protection Agency's plan to establish a national greenhouse gas registry.
Greenwire reports in a story published in Thursday's New York Times that the Office of Management and Budget says it has completed its review of the proposal to require 13,000 facilities nationwide to report their carbon dioxide emissions. The EPA says those sources account for 85 to 90 percent of U.S. emissions.
REPORTING IN 2011
There's no word on when the agency will release the final rule. The initial draft released in March said the rule would affect facilities with direct emissions of at least 25,000 tons of carbon dioxide per year, sparing what the EPA calls the "vast majority" of small businesses.
Industries would be required to file their first reports with EPA in 2011, based on data collected next year.
Vehicle and engine manufacturers would begin reporting their data in 2012 for the 2010 model year.
The Rest @ Cleanskies
The final rule is expected to require the first annual report to be submitted to EPA in 2011, for the calendar year 2010, except for vehicle and engine manufacturers, which will begin reporting for model year 2011.
The Rest @ the Cattle Network.
Here's more from Greenwire:
The White House has signed off on the Environmental Protection Agency's plan to establish a national greenhouse gas registry.
Greenwire reports in a story published in Thursday's New York Times that the Office of Management and Budget says it has completed its review of the proposal to require 13,000 facilities nationwide to report their carbon dioxide emissions. The EPA says those sources account for 85 to 90 percent of U.S. emissions.
REPORTING IN 2011
There's no word on when the agency will release the final rule. The initial draft released in March said the rule would affect facilities with direct emissions of at least 25,000 tons of carbon dioxide per year, sparing what the EPA calls the "vast majority" of small businesses.
Industries would be required to file their first reports with EPA in 2011, based on data collected next year.
Vehicle and engine manufacturers would begin reporting their data in 2012 for the 2010 model year.
The Rest @ Cleanskies
Tuesday, 15 September 2009
EPA's 40 CFR PART 98 New Rule May be Published this week
40 CFR Part 98 is the EPA's proposed rule making mandatory the reporting of Green House Gases. The Draft rule was published in April, has been making is appropriate rounds and public forums. Roumer has it that the new rule will be signed this week.
This will extend the regulatory reach of the Clean Air Act to include the reporting of some green house gases. A wide range of new industries will be required to begin gathering emissions data for reporting effective 1 January, 2010, in less than 4 months...
-Editor
This will extend the regulatory reach of the Clean Air Act to include the reporting of some green house gases. A wide range of new industries will be required to begin gathering emissions data for reporting effective 1 January, 2010, in less than 4 months...
-Editor
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