On March 8, 2013, the U.S. Environmental Protection Agency (EPA) signed a proposed rule to amend a number of subparts under its Greenhouse Gas (GHG) Reporting Program, 40 C.F.R. part 98. The proposed revisions address technical issues, GHG global warming potentials, and data confidentiality determinations. EPA is proposing to increase the GHG global warming potentials (GWPs) of 19 different GHGs and decrease the GWP of four others based on revised GWPs published by the Intergovernmental Panel on Climate Change. Current and proposed GWPs are listed in Table 2 of EPA’s proposed rule. EPA is also proposing to list 26 new fluorinated GHGs, which EPA indicates are emitted or supplied by facilities subject to GHG Reporting Program subparts I (electronics manufacturing), L (fluorinated gas productions), T (magnesium production), OO (suppliers of industrial greenhouse gases), and QQ (importers and exporters of fluorinated greenhouse gases contained in pre-charged equipments or closed-cell foams).
With respect to confidentiality determinations, EPA has provided a list of data elements and proposed determinations, which is available here. Affected GHG Reporting Program subparts include subpart A (general provisions), H (cement production), K (ferroalloy production), X (petrochemical production), Y (petroleum refineries), Z (phosphoric acid production), AA (pulp and paper manufacturing), FF (underground coal mines), HH (municipal solid waste landfills), NN (supplier of natural gas and natural gas liquids), QQ (importers and exporters of fluorinated greenhouse gases contained in pre-charged equipment or closed-cell foams), RR (geologic sequestration of carbon dioxide), TT (industrial waste landfills), and UU (injection of carbon dioxide).
Comments on EPA’s proposed revisions are will be due 45 days after publication of the proposed rule in the Federal Register.
For additional information contact Joseph Brown.