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Greenhouse Gas Reporting Program

Rulemaking Notices

Click to read the most current electronic copy of the 40 CFR Part 98.

Federal Register Rulemaking Notices
Federal Register Date Citation Action Description
10/24/2014 79 FR 63750 Final Rule Finalizes amendments to reporting and recordkeeping requirements and an alternative electronic verification approach in 23 subparts of the Greenhouse Gas Reporting Program.  These changes address concerns that public disclosure of certain data elements that are inputs to the equations used to calculate emissions would reveal business sensitive information and maintain EPA’s ability to verify emissions, and ensure compliance.
Preamble and Rule (PDF) (51 pp, 633K)
Fact Sheet (PDF) (3 pp, 561K)
Memorandum: List of ‘Inputs to Equations’ Data Elements Proposed Not To Be Reported (PDF) (53 pp, 30K)
07/31/2014 79 FR 44332 Proposed Rule Proposes to establish chemical-specific and default global warming potentials (GWPs) for fluorinated greenhouse gases (GHGs) and fluorinated heat transfer fluids (HTFs) that are reported to the Greenhouse Gas Reporting Program (GHGRP) but that do not currently have GWPs under the Program. This would ensure that the atmospheric impacts of all fluorinated GHGs and HTFs are reflected in calculations and reporting under the GHGRP.
Preamble and Rule (PDF) (21 pp, 370K)
Fact Sheet (PDF) (1 pg, 45K)
07/09/2014 79 FR 38885 Notice Extends the deadline for public comments on the aggregation notice and related docket memorandum from July 9 to July 23, 2014.
Notice (PDF) (2 pp, 200K)
06/09/2014 79 FR 32948 Notice This notice describes the EPA’s intent to publish aggregated versions of certain data collected under the Greenhouse Gas Reporting Program, including totals, averages, and other aggregated versions of data submitted by individual reporters. The data that EPA intends to aggregate were determined in previous rulemakings to be confidential business information in their original, non-aggregated form. This notice describes the criteria EPA plans to use to determine whether confidential data are sufficiently aggregated such that publishing them would provide useful information while protecting the data that are entitled to confidentiality. In a memorandum to the docket for this notice, EPA also provides a list of data elements identified for possible future publication in aggregated form if they meet the final version of these criteria.
Notice (PDF) (6 pp, 225K)
Memo: Publication of Aggregated Greenhouse Gas Data (PDF) (8 pp, 159K)
03/10/2014 79 FR 13394 Proposed Rule Amends subpart W of the GHGRP, including revisions to certain calculation methods, monitoring and data reporting requirements, terms and definitions, and corrects technical and editorial errors. Also proposes confidentiality determinations for new or substantially revised data elements contained in these proposed amendments, and proposes a revised confidentiality determination for one existing data element.
Preamble and rule (PDF) (68 pp, 937K)
Fact sheet (PDF) (2 pp, 37K)
01/22/2014 79 FR 3507 Final Rule; Correction On January 22, 2014, EPA published a correction to a minor error in the November 29, 2013, final rule entitled “2013 Revisions to the Greenhouse Gas Reporting Rule and Final Confidentiality Determinations for New or Substantially Revised Data Elements.” The correction corrects a header to the amended Table NN-2, a table in subpart NN (Suppliers of Natural Gas and Natural Gas Liquids), which had inadvertently been listed as Table NN-1. The error did not extend to the information contained in the Table, and reporters will be able to use the amended Table for their RY 2013 reports. Notice (PDF) (2 pp, 248K)
01/15/2014 79 FR 2614 Extension of Comment Period Extends the public comment period for the proposed rule titled Greenhouse Gas Reporting Program: Amendments and Confidentiality Determinations for Fluorinated Gas Production (subpart L). The public comment period started on November 19, 2013. This notice announces the extension of the deadline for public comment from January 21, 2014 to February 20, 2014. Comments must be received on or before February 20, 2014.
Notice (2 pp, 203K)
11/29/2013 78 FR 71904 Final Rule Finalizes amendments that consist of three parts: amendments related to global warming potentials (GWPs), other amendments largely based on feedback from stakeholders, and confidentiality determinations for new or revised data elements.
Preamble and Rule (PDF) (79 pp, 935K) Exit EPA disclaimer
Memo: Table of Final 2013 Revisions to the Greenhouse Gas Reporting Rule (PDF) (132 pp, 1M)
Factsheet (PDF) (2 pp, 37K)
11/19/2013 78 FR 69337 Proposed Rule Proposes amendments to reduce the level of detail in which emissions were reported, remove the mass-balance method from the rule, clarify the emission factor method, and revise the set of default global warming potentials (GWPs) used by subpart L reporters to calculate and report their carbon-dioxide equivalent (CO2e) emissions. Also proposes confidentiality determinations for the reporting of the new and substantially revised data elements.
Proposed Rule (24 pp., 400K)
Factsheet (PDF) (3 pp., 42K)
Redline Strikeout of Proposed Changes to Subpart L (PDF) (46 pp., 552K): This redline strikeout document represents the combined changes proposed to the subpart L regulatory text in two proposed actions:
  • Greenhouse Gas Reporting Program: Proposed Amendments and Confidentiality Determinations for Fluorinated Gas Production (This proposed rule.)
  • Revisions to Reporting and Recordkeeping Requirements, and Proposed Confidentiality Determinations under the Greenhouse Gas Reporting Program (Proposed Inputs rule.)
11/13/2013 78 FR 68162 Final Rule Amends the calculation and monitoring methodologies for subpart I, Electronics Manufacturing. Changes include revising certain calculation methods and adding a new method, amending data reporting requirements, and clarifying terms and definitions. Finalizes confidentiality determinations for the reporting of the new and revised data elements being finalized in this rule.  Many of these changes are in response to stakeholder feedback on specific aspects of subpart I. This final rule also amends subpart A, General Provisions, to correspond with the changes to the reporting requirements in subpart I.
Preamble and Rule (PDF) (78 pp, 2M)
Fact Sheet (PDF) (6 pp, 50K)
More information
11/6/2013 78 FR 66674 Extension of Comment Period Extends the comment period on the proposed “Revisions to Reporting and Recordkeeping Requirements, and Proposed Confidentiality Determinations Under the Greenhouse Gas Reporting Program” until November 26, 2013.
Notice (PDF) (2 pp, 202K)
09/11/2013 78 FR 55994 Proposed Rule Proposes amended recordkeeping and reporting requirements, and enhanced verification procedures for certain reporters in 24 GHGRP subparts. Proposed changes would address concerns that public disclosure of certain data elements that are inputs to the equations used to calculate emissions and deferred from reporting until 2015 would reveal business sensitive information and maintain EPA’s ability to verify emissions, and ensure compliance.
Preamble and Rule (PDF) (31pp., 550K)
Fact Sheet (PDF) (3 pp., 41K)
Memorandum: List of ‘Inputs to Equations’ Data Elements Proposed Not To Be Reported (PDF) (39 pp., 294K)
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05/01/2013 78 FR 25392 Final Rule Revises the deadline by which owners or operators of facilities subject to the Petroleum and Natural Gas Systems Source Category (Subpart W) must submit requests for use of best available monitoring methods (BAMM) to the Administrator.
Final Rule (PDF) (5 pp, 255K)
Fact Sheet (PDF) (1 pg, 29K)
Response to Comments (2 pp, 18K)
04/05/2013 78 FR 20632 Notice of Data Availability Makes available for public comment estimated global warming potentials (GWPs) and the analysis supporting them, for several fluorinated GHGs and fluorinated HTFs. Provides a thirty (30) day comment period following publication in the Federal Register. Comments submitted in response to this notice will inform future amendments to Table A-1 to Part 98, adding the GWPs of some or all of the fluorinated GHGs and fluorinated HTFs listed in the notice.
Notice (PDF) (6 pp, 251K)
04/02/2013 78 FR 19605 Withdrawal of Direct Final Rule Withdraws the direct final rule published on February 19, 2013 which amended the deadline by which owners and operators of facilities subject to the Petroleum and Natural Gas Systems Source Category (Subpart W) must submit requests for use of best available monitoring methods (BAMM) to the Administrator.
Notice (PDF) (1 pg, 219K)
04/02/2013 78 FR 19802 Proposed Rule Proposal to amend the Greenhouse Gas Reporting Program (GHGRP), including technical amendments, amendments related to global warming potentials (GWPs), and confidentiality determinations for new or revised data elements.
Preamble and Rule (PDF) (77 pp, 911K)
Fact Sheet (PDF) (2 pp, 52K)
Memorandum (PDF) (115 pp, 1M)
Correction to Proposed Rule (2 pp, 255K)
02/19/2013 78 FR 11585 Direct Final Rule Revises the deadline by which owners or operators of facilities subject to the Petroleum and Natural Gas Systems Source Category (Subpart W) must submit requests for use of best available monitoring methods (BAMM) to the Administrator.
Preamble and Rule (PDF) (5 pp, 236K)
Fact Sheet (PDF) (2 pp, 30K)
Cost Burden Memorandum (PDF) (2 pp, 19K)
02/19/2013 78 FR 11619 Proposed Rule Revises the deadline by which owners or operators of facilities subject to the Petroleum and Natural Gas Systems Source Category (Subpart W) must submit requests for use of best available monitoring methods (BAMM) to the Administrator.
Preamble and Rule (PDF) (2 pp, 203K)
Fact Sheet (PDF) (2 pp, 30K)
Cost Burden Memorandum (PDF) (2 pp, 19K)
11/20/2012 77 FR 69585 Notice Announces an extension of the public comment period for subpart I (Electronics Manufacturing) until January 16, 2013 and that additional documentation on the proposed amendments and confidentiality determinations for subpart I is available in the docket.
Notice; extension of public comment period (PDF) (2 pp, 201K)
10/26/2012 77 FR 65377 Notice Announces EPA’s plan to authorize contractors named in the notice to access information submitted under the GHGRP that may be designated or claimed as confidential business information. EPA is accepting comments until November 5.
Notice (PDF) (3 pp, 204K)
10/16/2012 77 FR 63538 Proposed Rule Proposes amending calculation and monitoring methodologies for Subpart I, Electronics Manufacturing. Also proposes confidentiality determinations for reporting of the new and revised data elements under the proposed amendments to subpart I. Many of these proposed actions are in response to a petition to reconsider specific aspects of subpart I.
Preamble and Rule (PDF) (65 pp, 794K)
Subpart I Amendments Fact Sheet (PDF) (2 pp, 45K)
08/24/12 77 FR 51477 Final Rule Addresses concerns raised by reporters and corrects error; provides greater clarity and flexibility to facilities subject to subparts A (General Provisions), I (Electronics Manufacturing), L (Fluorinated Gas Producers), W (Petroleum and Natural Gas Systems), and TT (Industrial Waste Landfills).
Preamble and Rule (PDF) (19 pp, 462K)
Fact Sheet (PDF) (2 pp, 42K)
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08/13/2012 77 FR 48072 Final Rule Finalizes confidentiality determinations for most data elements to be reported under nine subparts; defers the deadline for reporting certain recently added data elements that are inputs to emission equations in three subparts; finalizes amendments to Electronics Manufacturing (subpart I) to remove the requirement for a facility to recalculate the previous reporting years emissions and resubmit them to EPA where use of BAMM is allowed.
Preamble and Rule (PDF) (18 pp, 311K)
Fact Sheet: Final Confidentiality Determinations for Nine Subparts and Amendments to Subparts A and I (PDF) (3 pp, 44K)
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05/21/2012 77 FR 29935 Proposed Rule Amends and clarifies certain terms and provisions within Subpart A (General Provisions); Subpart L (Fluorinated Gas Producers); Subpart W (Petroleum and Natural Gas Systems); and Subpart TT (Industrial Waste Landfills) to clarify rule provisions, modify specific provisions to address concerns raised by reporters, and correct errors. The minor amendment to subpart A aligns the definition of heat transfer fluids found in subpart I (Electronics Manufacturing) with the annual emissions reporting requirements in subpart A. The proposed amendments are not anticipated to place additional requirements on reporters and do not significantly change the monitoring and calculation methodologies. Corrections and clarifications made in this action will be helpful to owners and operators of facilities subject to the upcoming September 28, 2012 reporting deadline.
Preamble and Rule (PDF) (19 pp, 420K)
More information
04/13/2012 77 FR 22312 Notice Announces EPA’s plan to authorize contractors named in the notice to access information submitted under the GHGRP that may be designated or claimed as confidential business information. EPA is accepting comments until April 30, 2012.
Notice (PDF) (4 pp, 210K)
More information
03/19/2012 77 FR 15990 Extension of Public Comment Period Extends the public comment period for the proposed rule regarding proposed confidentiality determinations for certain data elements reported under subpart W.
Announcement (PDF) (1 pg, 193K)
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02/24/2012 77 FR 11039 Proposed Rule Determines which data elements reported under subpart W would be considered confidential business information (CBI); also defers deadline for reporting some inputs to emissions equations until 2015.
Preamble and Rule (PDF) (23 pp, 261K)
More information on CBI
More information on subpart W
02/22/2012 77 FR 10373 Final Rule Finalizes amendments to the definition of fluorinated heat transfer fluids and to the provisions to estimate and report emissions from fluorinated heat transfer fluids.
Preamble and Rule (PDF) (9 pp, 184K)
More information
02/22/2012 77 FR 10434 Proposed Rule Re-proposes confidentiality determinations for the data elements in subpart I and proposes amendments to subpart I regarding calculation and reporting of emissions from facilities using BAMM.
Preamble and Rule (PDF) (17 pp, 212K)
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02/03/2012 77 FR 5514 Notice of Data Availability and Request for Comment Announces and explains EPA's preliminary determinations regarding the provisional GWPs submitted by two companies for eight fluorinated GHGs for the purposes of the calculations in 40 CFR 98.123(c)(1) (a provision of subpart L).
Notice of Data Availability (PDF) (3 pp, 165K)
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01/10/2012 77 FR 1434 Proposed Rule Re-proposes confidentiality determinations for data elements for 8 subparts (L, DD, II, QQ, RR, SS, TT, UU).
Preamble and Rule (PDF) (19 pp, 230K)
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12/23/2011 76 FR 80554 Final Rule Amends specific provisions in subparts A and W.
Preamble and Rule (PDF) (42 pp, 552K)
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11/29/2011 76 FR 73866 Final Rule Corrects technical and editorial errors, clarify compliance obligations, correct data reporting elements, and make other changes to subparts A, W, FF, II, OO, RR, and TT.
Final Rule (PDF) (25 pp, 341K)
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10/17/2011 76 FR 64010 Direct Final Rule Corrects an erroneous reference in EPA’s procedures for handling certain required data.
Preamble and Rule (PDF) (6 pp, 167K)
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10/04/2011 76 FR 61293 Extension of Public Comment Period Extends public comment period for proposed technical revisions and clarifications to subparts A, I, and W.
Notice (PDF) (2 pp, 152K)
More Information on Subparts A, I, W
09/27/2011 76 FR 59542 Final Rule Electronics Manufacturing (Subpart I): Amends calculation methodologies to afford flexibility to certain manufacturers.
Preamble and Rule (10 pp, 185K)
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09/27/2011 76 FR 59533 Final Rule Petroleum and Natural Gas Systems (Subpart W): Revises provisions and deadlines for use of best available monitoring methods (BAMM).
Preamble and Rule (PDF) (9 pp, 175K)
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09/09/2011 76 FR 56010 Proposed Rule Would provide corrections and clarification on existing requirements, increase flexibility on calculation methodologies, amend data reporting requirements, and clarify terms and definitions for subparts A, I, and W.
Proposed Rule (PDF) (42 pp, 437K)
More Information on Subparts A, I, W
08/25/2011 76 FR 53057 Final Rule Defers reporting of certain data elements that are inputs to emissions equations for subparts C, D, E, F, G, H, I, K, L, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, AA, BB, CC, DD, EE, FF, GG, II, RR, TT, UU.
Preamble and Rule (PDF) (15 pp, 235K)
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08/23/2011 76 FR 52659 Notice Details EPA's Office of Atmospheric Programs' intent to authorize named contractors' access to confidential business information supplied under the reporting program.
Notice (PDF) (4 pp, 192K)
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08/04/2011 76 FR 47392 Proposed Rule Would correct technical and editorial errors, clarify compliance obligations, correct data reporting elements, and make other changes to subparts A, W, FF, II, OO, RR, and TT.
Proposed Rule (PDF) (30 pp, 427K)
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06/27/2011 76 FR 37300 Proposed Rule Petroleum and Natural Gas Systems (Subpart W): Would extend period that Subpart W facilities would be allowed to use BAMM in 2011 without approval, expand list of sources which can use BAMM during 2011 without submitting a request, and extend deadline for requesting BAMM beyond 2011.
Proposed Rule (PDF) (8 pp, 212K)
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06/22/2011 76 FR 36339 Final Rule Electronics Manufacturing (Subpart I): Extends three deadlines related to using Best Available Monitoring Methods (BAMM) from June 30, 2011 to September 30, 2011.
Final Rule (PDF) (4 pp, 194K)
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06/22/2011 76 FR 36472 Proposed Rule Electronics Manufacturing (Subpart I): Would allow the largest semiconductor facilities the option to calculate emissions using default emission factors in Subpart I, instead of recipe-specific emission factors for the plasma etching process type in reporting years 2011 and 2012.
Proposed Rule (PDF) (8 pp, 217K)
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05/26/2011 76 FR 30782 Final Rule Finalizes confidentiality determinations for 34 subparts for data elements that are not inputs to emissions equations. Finalizes amendments to 40 CFR 2 governing CBI obtained under 40 CFR 98.
Final Rule (PDF) (37 pp, 330K)
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04/25/2011 76 FR 22825 Final Rule; Grant of Reconsideration Petroleum and Natural Gas Systems (Subpart W) : Extends deadline for submitting BAMM requests during the 2011 calendar year from April 30, 2011 to July 31, 2011; extends period during which specific sources could automatically use BAMM.
Preamble and Rule (PDF) (3 pp, 52K)
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03/18/2011 76 FR 14812 Final Rule Extends 2010 reporting deadline from March 31, 2011 to September 30, 2011.
Final Rule (PDF) (7 pp, 70K)
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01/19/2011 76 FR 3062 Public Hearing Notice and Extension of Public Comment Period Announces a public hearing and extends the public comment period for the 12/27/2010 proposed rule.
Notice (PDF) (3 pp, 67K)
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12/27/2010 75 FR 81338 Interim Final Regulation Deferral of Reporting Date for certain Data Elements: Defers the 2010 reporting deadline for direct emitters with certain data elements to August 31, 2011.
Preamble and Rule (PDF) (11 pp, 139K)
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12/27/2010 75 FR 81350 Proposed Rule Proposes to defer the reporting of data elements that are inputs to emission equations for three years.
Preamble and Rule (PDF) (15 pp, 154K)
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12/17/2010 75 FR 79092 Final Rule Corrects technical and editorial errors, and clarifies rule provisions for subparts C, D, E, F, G, H, K, N, O, P, Q, R, S, V, X, Y, Z, AA, BB, CC, EE, GG, HH, JJ, NN, OO and PP.
Preamble and Rule (PDF) (81 pp, 667K)
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12/01/2010 75 FR 75060 Final Rule Adds subparts RR (Geologic Sequestration of Carbon Dioxide) and subpart UU (Injection of Carbon Dioxide).
Preamble and Rule (PDF) (31 pp, 340K)
More information about Geologic Sequestration
More information about Underground Injection
12/01/2010 75 FR 74774 Final Rule Adds subparts I, L, DD, QQ, and SS.
Preamble and Rule (PDF) (89 pp, 1.0M)
More Information on Subparts I, L, DD, QQ, SS
11/30/2010 75 FR 74458 Final Rule Petroleum and Natural Gas Systems (Subpart W): Requires monitoring and reporting of greenhouse gas emissions from petroleum and natural gas systems.
Preamble and Rule (PDF) (59 pp, 670K)
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10/28/2010 75 FR 66434 Final Rule Corrects technical and editorial errors, and clarifies rule provisions for subparts E, H, K, N, O, P, Q, S, V, Z, CC, EE, GG, HH, LL, and NN.
Preamble and Rule (PDF) (47 pp, 376K)
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09/22/2010 75 FR 57669 Final Rule Requires reporters to provide information about parent companies, their North American Industry Classification System (NAICS) code, and whether emissions are from cogeneration.
Preamble and Rule (PDF) (18 pp, 137K)
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08/27/2010 75 FR 52691 Extension of public comment period Extends the comment period for the July 27, 2010 supplemental proposal.
Extension of Public Comment Period (PDF) (2 pp, 55K)
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08/11/2010 75 FR 48744 Proposed Rule Would correct technical and editorial errors, clarify various GHG emissions calculations and equations, and provide additional clarity for rule provisions in subparts A, C, D, F, G, P, V, X, Y, AA, NN, OO, and PP.
Preamble and Rule (PDF) (72 pp, 478K)
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07/27/2010 75 FR 43889 Supplement to Proposed Rule Explains how the confidentiality determinations of the July 7, 2010 Proposed Rule would interact with the data elements created or changed by the August 11, 2010 Proposed Rule.
Supplemental proposal (PDF) (4 pp, 72K)
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07/12/2010 75 FR 39736 Final Rule Finalizes the mandatory reporting of four source categories for Reporting Year 2011. These comprise Subparts T, FF, II, and TT.
Preamble and Rule (PDF) (43 pp, 372K)
More Information on Subparts T, FF, II, TT
07/07/2010 75 FR 39094 Proposed Rule Proposes amendments to 40 CFR 2, which governs CBI obtained under 40 CFR 98, and describes confidentiality determinations for all subparts.
Preamble and Rule (PDF) (40 pp, 275K)
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06/15/2010 75 FR 33950 Proposed Rule Would provide technical corrections, clarifying language, and amend certain provisions related to subparts A, E, H, K, N, O, P, Q, S, V, Z, CC, EE, GG, HH, LL, MM, and NN.
Preamble and Rule (PDF) (34 pp, 316K)
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05/13/2010 75 FR 26904 Notice of Data Availability Notice to inform public of a document that describes draft default emissions factors for refined semiconductor manufacturing processes.
Subpart I, Electronics Manufacturing, Notice of Data Availability (NODA) (PDF) (3 pp, 56K)
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04/30/2010 75 FR 22699 Withdrawal of Direct Final Rule Withdrawal of the direct final rule published on March 16, 2010.
Withdrawal Notice (PDF) (1 pg, 40K)
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04/12/2010 75 FR 18455 Proposed Rule Would require reporters to provide information about parent companies, their NAICS code(s), and whether emissions are from cogeneration. Would impact Subpart A.
Preamble and Rule (PDF) (14 pp, 106K)
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04/12/2010 75 FR 18608 Proposed Rule Would initiate the mandatory reporting of Subpart W: Petroleum and Natural Gas Systems for the 2011 reporting year.
Proposed Rule (PDF) (43 pp, 326K)
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04/12/2010 75 FR 18576 Proposed Rule Would initiate the mandatory reporting of Subpart RR: Injection and Geological Sequestration of Carbon Dioxide. For the 2011 reporting year.
Preamble and Rule (PDF) (31 pp, 280K)
More Information on RR, Geologic Sequestration
More Information on UU, Underground Injection
04/12/2010 75 FR 18652 Proposed Rule Would initiate the mandatory reporting of five source categories concerning fluorinated gases for Reporting Year 2011. These comprise subparts I, L, DD, QQ, SS.
Preamble and Rule (PDF) (72 pp, 546K)
More Information on Subparts I, L, DD, QQ, SS
03/16/2010 75 FR 12451 and 75 FR 12489 Harmonizing Changes A direct final rule that changes the 2009 Final Rule to more easily add new subparts for future reporting years.
Final Rule (PDF) (8 pp, 78K)
Proposed Rule (PDF) (3 pp, 49K)
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10/30/2009 74 FR 56260 Final Rule Finalizes the mandatory reporting of 30 source categories for Reporting Year 2010. These comprise subparts: A, C, D, E, F, G, H, N, O, P, Q, R, S, U, V, X, Y, Z, AA, BB, CC, EE, GG, HH, JJ, LL, MM, NN, OO, and PP.
Preamble and Rule (PDF) (260 pp, 1.4M)
04/10/2009 74 FR 16448 Proposed Rule Would initiate the Greenhouse Gas Reporting Program by requiring the reporting of GHG data and information from large sources and suppliers in the United States.
Proposed Mandatory Reporting of Greenhouse Gases Rule
Rule (PDF) (126 pp, 3M)
Preamble (PDF) (161 pp, 3.7M)

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