On September 22, 2009, EPA issued its Final Mandatory Reporting of Greenhouse Gases Rule (the “Rule”), establishing a mandatory system for large sources and suppliers to report their emissions. The final Rule requires emissions monitoring to begin by January 1, 2010, with the first reports due by March 31, 2011. The Rule is expected to impact 10,000 facilities and cover roughly 85 percent of the country’s greenhouse gas emissions.

Under the Rule, suppliers of fossil fuels or industrial greenhouse gases, manufacturers of vehicles and engines, and facilities that emit 25,000 metric tons or more per year will be required to monitor their emissions and submit annual reports to EPA. The Rule does not require the affected facilities to implement GHG emission controls or reductions. Although the Rule covers a wide variety of sectors from refineries to manufacturers, the final Rule does not apply to certain oil and natural gas facilities and coal suppliers, which were included in last April’s proposed rule.

EPA states the Rule will provide it with a better understanding of where emissions are coming from so it can develop specific and targeted policies and programs. The greenhouse gases that will be monitored include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and other fluorinated gases including nitrogen trifluoride and hydrofluorinated ethers.

This newsletter will continue to monitor and report on emerging regulations and legislation. If you have specific questions about this rule and its impact to you or your business, please contact Stephen E. O’Day or Jessica Lee Reece. More information is available online here, as well.