Regulations Mandating Greenhouse Gas Reporting Become Effective
By Olivier F. Theard
In December 2007, the California Air Resources Board passed regulations requiring operators of facilities that emit 25,000 metric tons of CO2 or more in a calendar year to report their greenhouse gas emissions. The regulations became effective January 1, 2009.
Under the regulations, facilities classified as “general stationary combustion facilities,” which includes industrial gas producers, food and beverage processors, paperboard manufacturers, steel foundries, colleges and universities, glass container manufacturers and other facilities, must report their 2008 greenhouse gas emissions by April 1, 2009. Other facilities, including petroleum refineries, hydrogen plants, cement plants, and electricity retail providers and marketers, have until June 1, 2009 to report emissions.
2009 is considered a “transition period” for implementation. This means that the methods used to calculate emissions are somewhat relaxed to allow for development of best available emissions data and methods, which must be used starting in 2010. In addition, while the regulation requires a third-party to verify any emissions reports, such verification will not be required until 2010.
The processes for calculating emissions, conducting source tests, defining sources and reporting methods, keeping records and other provisions are set forth in Title 17, California Code of Regulations, sections 91000 to 91022. In addition, in December 2008 the Air Resources Board published a valuable guidance document entitled “Mandatory Reporting of Greenhouse Gas Emissions: Instructional Guidance for Operators.” Click here to access this document and other useful background materials.
Authored by:
Olivier F. Theard
(213) 617-5427
otheard@sheppardmullin.com
Mr. Theard practices in the Business Trial Practice Group and Environmental Litigation Practice Group in the Los Angeles office of Sheppard, Mullin, Richter and Hampton LLP.
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