EPA Proposes Revisions to Greenhouse Gas Reporting Rule and Confidentiality Determinations for New or Substantially Revised Data Elements
By Jennifer Kahney Thompson, Attorney, Bingham Greenebaum Doll LLP
On April 2, 2013, EPA published proposed amendments to its Greenhouse Gas Reporting Program Rule (GHGRP Rule), 40 CFR Part 98, in the Federal Register. The GHGRP Rule, finalized in 2009, requires sources with actual greenhouse gas (GHG) emissions above certain threshold levels to monitor and report emissions and other related data.
EPA’s proposed amendments include technical amendments, amendments related to global warming potentials, and confidentiality determinations for new or substantially revised data elements. EPA is proposing to change the GHG global warming potentials (GWPs) for 19 different GHGs and decrease the GWPs for four other GHGs based on revised GWPs published by the Intergovernmental Panel on Climate Change. EPA is also proposing to add 26 new fluorinated GHGs to 40 CFR Part 98, Subpart A, Table A-1.
The proposed revisions include confidentiality determinations for 26 proposed new or substantially revised data elements other than inputs to emissions equations. EPA is proposing confidential determinations on an individual basis for 16 new or revised data elements in the following categories: (1) Unit/Process “Static” Characteristics That are Not Inputs to Emissions Equations direct emitter data category; (2) Unit/Process Operating Characteristics That are Not Inputs to Emissions Equations direct emitter data category; (3) Production/Throughput Quantities and Composition supplier data category; and (4) Unit/Process Operating Characteristics supplier data category. EPA is also proposing to assign 13 new or revised data elements to the inputs to emission equations category but is not proposing confidential determinations for them.
EPA’s fact sheet regarding the proposed rulemaking, Memorandum re: Table of 2013 Revisions to the Greenhouse Gas Reporting Rule, and Memorandum re: Proposed data category assignments and confidentiality determinations for new and substantially revised data elements in the proposed “2013 Revisions to the Greenhouse Gas Reporting Rule and Confidentiality Determinations for New or Substantially Revised Data Elements” are available at: www.epa.gov/ghgreporting/reporters/rules/index.html.
To view a complete PDF of the First Quarter 2013 issue of the Air Quality Letter, Click HERE.