EPA Finalizes GHG Reporting Rule, Proposes New GHG Permitting Requirements

The Final Mandatory Reporting of Greenhouse Gases Rule creates a requirement that certain facilities and industries report their annual emissions of CO2 and other greenhouse gases to the Environmental Protection Agency.

On September 22 and 30, 2009, the U.S. Environmental Protection Agency (EPA) moved ahead with addressing climate change within the context of its authority under the Clean Air Act (CAA). EPA Administrator Lisa Jackson signed the final Mandatory Reporting of Greenhouse Gases (GHGs) Rule (Final GHG Reporting Rule), and this week, the EPA released a proposed rule that would require certain stationary sources, including large industrial facilities, to obtain CAA construction and operating permits under the EPA's New Source Review. At the same time, Senators Boxer and Kerry have introduced the Clean Energy, Jobs and American Power Act, which would create limits on GHG emissions, implemented by a national cap-and-trade program, and the EPA's announcement of