Learn more about Environmental Law at Schiff Hardin. For more information, contact one of the following attorneys: Amy Antoniolli Kathleen C. Bassi Stephen J. Bonebrake Renee Cipriano Daniel J. Deeb Jeremy R. Hojnicki Bina Joshi Kathryn M. Long David M. Loring Jane E. Montgomery Joshua R. More Mary Ann Mullin Paul M. Previde Gabriel M. Rodriguez Andrew N. Sawula Rocky N. Unruh Sarah D. Youngblood Schiff Hardin Offices One Atlantic Center, Suite 2300 1201 West Peachtree Atlanta, GA 30309 225 Franklin Street, Suite 2600  Boston, MA 02110  6600 Sears Tower 233 S Wacker Drive Chicago, IL 60606 One Westminster Place Suite 200 Lake Forest, IL 60045 900 Third Avenue New York, NY 10022 One Market, Spear Tower 32nd Floor San Francisco, CA 94105 1666 K Street, NW Suite 300 Washington, DC 20006 - - - - - - - - - Join our mailing list. Forward this profile to a friend or colleague. - - - - - - - - -

U.S. EPA Publishes Proposed National Greenhouse Gas Reporting Rule

The U.S. Environmental Protection Agency (EPA) published its final Proposed Rule today for a national mandatory reporting program for greenhouse gas (GHG) emissions. See 74 Fed. Reg. 16448 (April 10, 2009).¹ The Proposed Rule requires reporting and monitoring of GHG emissions, but does not require actual control of such emissions. The proposed GHG reporting program encompasses all sectors of the economy and covers all commonly accepted GHGs (i.e., carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons, perfluorochemicals and other fluorinated gases). All emission sources in certain enumerated business categories, such as electric generation, cement production and electronic manufacturing, are subject to the monitoring and reporting requirements, as well as all large GHG-emitting facilities that emit greater than or equal to 25,000 metric tons of CO₂-equivalent gases per year. Annual emission reporting is proposed to begin on March 31, 2011 for emissions during 2010. Accordingly, all potentially affected businesses should promptly determine whether they are subject to the Proposed Rule's reporting requirements to prepare for any applicable reporting obligations.

Schiff Hardin previously published two articles which provide a detailed summary of the impacts of the Proposed Rule.² The articles include a discussion of the applicability of the proposed rule to key sectors of the economy, as well as a discussion of the implications of the proposed rule on owners of large commercial and residential buildings.

Comments on the Proposed Rule are due no later than June 9, 2009. Public hearings were held on April 6 and 7, 2009, in Arlington, Virginia, and one is scheduled for April 16, 2009, in Sacramento, California.

Schiff Hardin LLP can assist in reviewing the Proposed Rule and its impact on your business and can assist in providing comments to the EPA on this Proposed Rule. Schiff Hardin can also provide general background on climate change, GHG emissions and reduction strategies, energy efficiency projects, renewable energy assistance and regulatory developments as your business responds to changes in statutory and regulatory requirements. Please contact Jane E. Montgomery, Joshua R. More, or David M. Loring.

RECENT ENVIRONMENTAL PUBLICATIONS

"96th Illinois General Assembly: Environmental Bill Summaries," Environmental Update (April 1, 2009)
"Owners of Large Commercial and Residential Buildings may be Required to Report Annual Greenhouse Gas Emissions under New U.S. EPA Proposed Rule," Environmental Update (March 17, 2009)
"New National Mandatory Greenhouse Gas Reporting Rule Proposed by U.S. EPA: All Sectors of the Economy Impacted," Environmental Update (March 13, 2009)
"EPA Proposes to Regulate Additional Stationary Internal Combustion Engines," Environmental Update (March 6, 2009)

ABOUT SCHIFF HARDIN LLP

Schiff Hardin's diverse environmental practice advises clients engaged in a wide variety of industries and commercial endeavors such as electric generation, natural gas distribution and production, chemical manufacturing, auto and auto parts manufacturing, consumer goods manufacturing, real estate development and investments by financial institutions and equity investors.

For more information, contact us.