Environment & Energy

Mandatory Greenhouse Gas Data Collection Begins January 1

November 18, 2009

The U.S. Environmental Protection Agency (EPA) has issued its final Mandatory Reporting of Greenhouse Gases Rule. This rule requires annual greenhouse gas (GHG) reporting from certain GHG emissions sources in the United States. The new data collection requirement is likely to be the first step in more extensive federal regulation of GHG emissions, possibly including a congressionally imposed cap-and-trade regulatory program.

The GHGs covered are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), and other fluorinated gases, including nitrogen trifluoride (NF3) and hydrofluorinated ethers (HFEs). Facilities that contain certain “source categories” are required initially to report, while other types of facilities require an assessment of their amounts of GHG emissions to see if a threshold amount is met, which would then require reporting. All GHG emitting facilities should be evaluated to determine whether they are covered by the new rule, or any exemption.

Since covered facilities must begin to collect data on GHG emissions on January 1, 2010, with the first annual report due on March 31, 2011, it is important for companies to assess whether this rule applies to them so that preparations for compliance can be made.

Hodgson Russ has extensive experience in environmental compliance and is ready to assist you in your evaluation.