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U.S. EPA Defers Certain Reporting Inputs for GHG Reporting Rule

Posted: January 10th, 2011

Author: All4 Staff 

On December 27, 2010, the U.S. Environmental Protection Agency (U.S. EPA) issued three (3) actions pertaining to confidential business information (CBI) submitted with annual greenhouse gas (GHG) emission reports under 40 CFR Part 98 (Mandatory Reporting of Greenhouse Gases).

In the direct interim final rule issued by U.S. EPA, the deadline for reporting of data elements that are inputs to equations for GHG reporting (e.g., fuel usage amounts, certain data on production, throughput, raw material consumption, etc.) for 2010 reports has been deferred from March 31, 2011 to August 31, 2011. This short-term deferral will give U.S. EPA the time needed to promulgate the longer-term deferral through notice and comment. This deferral does not affect the reporting deadline for other data elements under the rule. 

In U.S. EPA’s first proposed rule (Change to the Reporting Date for Certain Data Elements Required Under the Mandatory Reporting of Greenhouse Gases Rule), U.S. EPA is proposing a longer-term deferral of the deadline for reporting of data elements that are inputs to emission equations out to March 31, 2014 to allow time to collect information on issues related to reporting and public availability of these data elements and to consider this information in the context of the GHG Reporting Rule. Neither this action nor the longer term deferral would affect the reporting deadline for other data elements under the rule. 

In U.S. EPA’s second proposed rule (Call for Information: Information on Inputs to Emission Equations Under the Mandatory Reporting of Greenhouse Gases Rule), U.S. EPA is requesting information and comment from the public to assist in evaluating issues related to reporting and public availability of inputs to emission equations. U.S. EPA is strongly urging any parties concerned about the public availability of inputs to equations for GHG reporting to make detailed submittals of the information requested so that there will be robust data on which to base any possible revisions to protect the CBI nature of the GHG data reported. 

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