Beveridge & Diamond
Related Practices
Related Practices

EPA Proposes Mandatory GHG Reporting Rule

Beveridge & Diamond, P.C., March 10, 2009

Today the U.S. Environmental Protection Agency made available a pre-publication draft of its proposed rule imposing mandatory greenhouse gas (GHG) reporting requirements on large emission sources in the United States.  Under the proposed rule, suppliers of fossil fuels or industrial greenhouse gases, manufacturers of vehicles and engines, and all facilities that emit 25,000 metric tons per year of GHG or greater will be required to submit annual reports to EPA.  The first annual report would be due in 2011 for the calendar year 2010, except for vehicle and engine manufacturers, which would begin reporting for model year 2011.  The gases covered by the proposed rule are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFC), perfluorocarbons (PFC), sulfur hexafluoride (SF6), and other fluorinated gases including nitrogen trifluoride (NF3) and hydrofluorinated ethers (HFE).  

Congress directed EPA to publish a mandatory greenhouse gas reporting rule in the Fiscal Year 2008 Consolidated Appropriations Act (H.R. 2764; Public Law 110-161).  The rulemaking relies upon the Agency’s existing authority under the Clean Air Act.  Congress has directed EPA to finalize the rulemaking by June 2009.  The EPA proposal is available at

The proposed rule has not yet been published in the Federal Register, but a public comment period will be open until at least May 10, 2009.  Please contact David Friedland at (202) 789-6047 or or Max Williamson at (202) 789-6084 or for additional information.