EnviroNotes

By Matt Gernand, Attorney, Environmental Law Department

In December 2007, Congress buried deep in the $500 billion omnibus budget bill a single paragraph that required the U.S. Environmental Protection Agency to establish a rule that would require mandatory reporting of greenhouse gas emissions in all industry sectors. The Act states:

Of the funds provided in the Environmental Programs and Management account, not less than $3,500,000 shall be provided for activities to develop and publish a draft rule not later than 9 months after the date of enactment of this Act, and a final rule not later than 18 months after the date of enactment of this Act, to require mandatory reporting of greenhouse gas emissions above appropriate thresholds in all sectors of the economy of the United States.
(Consolidated Appropriations Act, 2008, HR 2764 (Public Law No. 110-161)

Under the Act, the U.S. EPA was to propose the rule by September 26, 2008. The U.S. EPA has not proposed the rule, but did issue a statement that it had met with affected groups and stakeholders about the proposed rule and was moving forward with “interagency review.” See, Environment Reporter, Vol. 39 No. 39 pg. 1963 (Oct. 3, 2008). The statement did not provide a timetable for further action on the proposed rule.

This rule would likely be the first step in establishing limits on carbon dioxide and other greenhouse gas emissions from stationary sources. More information on the status of the rulemaking can be found at:
www.epa.gov/climatechange/emissions/ghgrulemaking.html.

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