Legislative Bulletin - September 23, 2009

EPA Issues Final Rule on Greenhouse Gas Reporting
No Fleet Reporting Requirements Included

The United States Environmental Protection Agency (EPA) has issued final rule mandating greenhouse gas (GHG) emission reporting for the first time, beginning January 1, 2010. In its final Mandatory Greenhouse Gas Reporting Rule, the EPA says this requirement will cover about 85 percent of the U.S. greenhouse gas emissions. Under the ruling, reporting requirements will not apply to commercial motor vehicle fleets. However, medium-duty and heavy-duty motor vehicle and engine manufacturers will be required to report GHG emissions data annually to the EPA, beginning with model year 2011. Specific greenhouse gases the EPA says most manufacturers will be required to cover in their GHG reports to the agency are carbon dioxide (CO2), nitrous oxide (N20), and methane (C4) emissions.

This new EPA rule does not pre-empt or replace state GHG reporting programs. The EPA rule has been crafted pursuant to requirements enacted by Congress in December 2007. The federal rule is narrower in scope and purpose than many existing state programs.

The final rule was signed by EPA administrator Lisa Jackson on September 22, 2009. If you would like to see a summary of the provisions of the rule that apply to motor vehicles, please click here. If you would like to review the entire rule, you may go directly to the EPA’s website by clicking here.

For questions on the EPA’s final Mandating Greenhouse Gas Reporting Rule, please contact TRALA’s Tom James at tjames@trala.org or (703) 299-9120.