EPA Defers Certain GHG Reporting Elements

To address reporters’ concerns about confidential operational information submitted as part of EPA’s Greenhouse Gas (GHG) Mandatory Reporting Rule (MRR), EPA issued three concurrent actions to defer reporting of these data elements while they obtain and review additional information to resolve issues related to reporting and public availability of these data elements.  Each action is summarized below:

  • Deferring the reporting date for certain data elements required under the Mandatory Reporting of Greenhouse Gases Rule – This rule amendment defers reporting of data elements that are inputs to emission equations for calendar year 2010 until August 31, 2011. This interim final rule is in effect upon publication in the Federal Register. This interim final rule does not defer the reporting date for any other Part 98 data elements.
  • Change to the reporting date for certain data elements required under the Mandatory Reporting of Greenhouse Gases Rule – In this action, EPA proposes to defer reporting of data elements that are inputs to emission equations for calendar years 2010, 2011, and 2012 until March 31, 2014.
  • Call for Information on inputs to emission equations under the Mandatory Reporting on Greenhouse Gases Rule – In this notice, EPA requests information and comment to assist in evaluating issues related to reporting and public availability of inputs to emission equations.

Of these three actions, the Interim Final Regulation Deferring the Reporting Date for Certain Data Elements Required Under the Mandatory Reporting of Greenhouse Gases Rule will have the most immediate effect for GHG reporters.  This interim rule limits the reporting obligations with a March 31, 2011 deadline for most subject facilities by deferring the reporting date for data elements listed in Table A-6 until August 31, 2011.  This short-term deferral is intended to provide EPA with the time needed to promulgate a longer-term deferral.  The specific deferred elements for Subpart C (general stationary combustion sources) that are identified by Table A-6 of EPA’s interim rule are summarized in a table located at this weblink.

In general, facility-level reporters must submit GHG emission estimates as originally required by the MRR by the March 31, 2011 deadline, but the reporting date for the majority of supporting information (e.g., fuel consumption rates, fuel analytical results, etc.) is deferred until August 31, 2011.  The interim rule does not change the requirement that inputs to equations be retained as records, as specified in the MRR.  It is unclear whether EPA’s Electronic GHG Reporting Tool (e-GGRT) will allow the submittal of deferred reporting data by March 2011.  Therefore, even if a reporter is not concerned about the confidentiality of these inputs, it may be necessary to submit two reports for 2010 operations based on e-GGRT’s capabilities.

Information on EPA’s Confidentiality Determinations and Reporting Deferral guidance can be found at http://www.epa.gov/climatechange/emissions/CBI.html
If you have specific questions regarding this guidance, please contact Maren Seibold at Trinity Consultants (253-867-5600, mseibold@trinityconsultants.com).