While climate change legislation is mired in Congress, several units in the Obama administration have been using their existing statutory authority to adopt rules or guidance requiring extensive disclosures about greenhouse gases (GHGs) in a wide variety of contexts. Every registered public company, the operators of many industrial facilities, and those involved in significant federal actions are now or will soon be covered by one or more of these requirements.
GHG Reporting Rule
The U.S. Environmental Protection Agency (EPA) promulgated the final Mandatory Greenhouse Gas Reporting Rule on Oct. 30, 2009.1 It was authorized by information-gathering provisions of the Clean Air Act2 and by the FY2008 Consolidated Appropriations Act.3 It applies to air pollution sources within any of a long list of industry categories. Certain kinds of sources automatically need to report; others must report only if they emit at least 25,000 metric tons per year of carbon dioxide equivalent. Suppliers of fossil fuels and certain industrial gases must also report.
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