As discussed in last week’s newsletter, EPA recently released its final rule mandating greenhouse gas (“GHG”) monitoring and reporting where EPA will, for the first time, require large emitters of heat-trapping emissions to begin collecting GHG data. The new rule, which goes into effect January 1, 2010, requires annual reporting of GHG emissions over defined “threshold levels.” Of note, EPA added a provision to the final rule allowing for the use of “best available monitoring methods” through March 31, 2010. After that time, facilities must comply with the monitoring methods specified in the regulations.

Though the current rule does not require controls or limits on greenhouse gas emissions, EPA has several programs for GHG controls in the CAA regulatory pipeline. Further, it is speculated that Congress may enact new global climate legislation in the near future. The inventory of GHG emission data collected by this new rule will serve as the foundation for the nation’s climate control programs, whether based on regulations under the existing CAA, or new legislation. For more information on the implementation of the Rule and how it may affect your business, please access SGR’s client alert HERE or contact Steve O’Day, Phillip Hoover or Jessica Lee Reece