On September 22, 2010, the United States Environmental Protection Agency ("EPA") amended the Final Mandatory Reporting Greenhouse Gases Rule to include a provision requiring that those subject to the rule provide the following: (1) The name, address, and percentage ownership of their U.S. parent company(s); (2) their primary North American Industry Classification System code(s) as well as all additional applicable North American Industry Classification System code(s); and (3) an indication of whether or not any of their reported emissions are from a cogeneration unit. See https://edocket.access.gpo.gov/2010/pdf/2010-23674.pdf. The action amends 40 CFR part 98 by adding the data elements mentioned above. These elements are required to be included as part of the annual Green House Gases reports that facilities and suppliers subject to 40 C.F.R. part 98 are required to submit. 40 C.F.R. part 98 provides the regulatory framework for the Green House Gases Reporting Program, which requires regulated entities to report emissions of carbon dioxide and other green house gases to EPA. The Green House Gases Reporting Program became effective December 29, 2009 and includes not only entities that emit greenhouse gases, but also suppliers of fuels and industrial gases. The new reporting elements must be included in the first annual reports submitted to EPA on March 31, 2011 and in all future years.
This article was authored by Chris M. Hunter, Jackson Kelly PLLC. For more information on the author see here.