Ryan Whaley Coldiron Shandy

On October 30, 2009, EPA promulgated the Mandatory Reporting of Greenhouse Gases Rule. The rule requires reporting of greenhouse gas (GHG) emissions from large sources and suppliers in the United States.  The rule became effective December 29, 2009. 

Under the rule as it currently stands, suppliers of fossil fuels or industrial GHGs, manufacturers of vehicles and engines, and facilities that emit 25,000 metric tons or more per year of GHG emissions are required to submit annual reports to EPA. The gases covered by the 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).

EPA has now proposed to bring facilities in the oil & gas industry within the purview of the rule.  On March 22, 2010, EPA signed a proposed rule for the mandatory reporting of vented and fugitive methane (CH₄) and carbon dioxide (CO₂) emissions from petroleum and natural gas industry facilities emitting 25,000 metric tons or more of carbon dioxide equivalent per year. 

On that same day, EPA signed a proposed rule for the mandatory reporting of GHGs from facilities that inject carbon dioxide underground for the purposes of geologic sequestration or enhanced oil and gas recovery.

The proposed preambles and rules can be found at the following:

1. Subpart W – Petroleum and Natural Gas Systems - http://www.epa.gov/climatechange/emissions/downloads10/Subpart-W_Pre-Publication-Preamble-031210.pdf (preamble) and http://www.epa.gov/climatechange/emissions/downloads10/Subpart-W_Pre-Publication-Rule-031210.pdf (rule) 
2. Subpart RR – Carbon Dioxide Injection and Geologic Sequestration - http://www.epa.gov/climatechange/emissions/downloads10/Subpart-RR_Pre-Publication-Preamble-031810.pdf (preamble) and http://www.epa.gov/climatechange/emissions/downloads10/Subpart-RR_Pre-Publication-Rule-031810.pdf (rule).

The public comment period for these proposed rules will be open for 60 days after publication in the Federal Register. In addition, a public hearing on this proposal will be held on April 19, 2010, in Arlington, VA.