On January 15, 2016, the United States Environmental Protection Agency ("EPA") published proposed revisions to the greenhouse gas reporting rule ("GHGRR"). The proposed revisions are the most substantive changes to the GHGRR since it first became effective in 2009.
Several provisions in the proposed rule are intended to streamline reporting obligations. For example, EPA seeks to clarify when covered entities may cease reporting under the GHGRR if annual emissions are less than 25,000 metric tons of carbon dioxide equivalent ("mtCO2e") for five reporting years or less than 15,000 mtCO2e for three reporting years, or if process operations are permanently shut down. EPA is also proposing to allow abandoned underground coal mines, which previously could not take advantage of those thresholds, to similarly cease reporting where emissions are below certain levels.
By contrast, some of the proposed revisions may increase obligations for reporting entities. For instance, EPA proposes to revise the nitric acid production source category to require reporting from all reporters that produce nitric acid, regardless of the nitric acid strength. EPA also seeks to require reporting of the date of installation of any nitrogen dioxide abatement technology.
The proposed rule includes several minor, technical amendments to the GHGRR and confidentiality determinations for certain reporting data. Most of the proposed changes would be effective for reporting year 2017. Comments on the proposed rule will be accepted through February 29, 2016.
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