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EPA's Mandatory Greenhouse Gas Reporting Rule (LexisNexis Global Climate Change Special Pamphlet Series)

EPA's Mandatory Greenhouse Gas Reporting Rule (LexisNexis Global Climate Change Special Pamphlet Series)

LexisNexis Global Climate Change Special Pamphlet Series


Availability: In Stock
Publisher :Matthew Bender
Format: Pamphlet , Pamphlet

ISBN: 9781422475928

2009
 
$49.00
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    On January 1, 2010, the U.S. Environmental Protection Agency "EPA" will, for the first time, require large emitters of heat-trapping emissions to begin collecting greenhouse gas (GHG) data under a new reporting system. Monitoring requirements will begin immediately, with initial reports due on March 31, 2011. Most of the more than 10,000 affected facilities have not previously gathered GHG emissions data, and some have never reported under the Clean Air Act to EPA at all.

    To help you and your clients make sense of all the requirements, LexisNexis has published a new pamphlet, entitled EPA's Mandatory Greenhouse Gas Reporting Rule, which provides a comprehensive overview of what you'll need to know to start complying with the rule. Among the topics discussed are:


    • Who is covered;
    • How this rule differs from general Clean Air Act requirements including "potential-to-emit," definition of "facility" and scope of emission calculations;
    • Status of State involvement;
    • Comparison to State and Regional Greenhouse Gas Initiatives;
    • Monitoring, reporting and verification requirements for the first report due March 31, 2011;
    • Record retention requirements;
    • Circumstances under which reporting can cease.

    Also learn practice tips on Implementation Issues, including:


    • Applicability determinations for "all-in" source categories and threshold source categories;
    • Drafting Greenhouse Gas Monitoring Plans;
    • Understanding and complying with the Combustion Subpart (Subpart C)
    • Submitting requests for use of Best Available Monitoring Methods past March 31, 2010;
    • Use of Designated Representatives for reporting: Identification of Designated Representatives; agreements with Designated Representatives; certifications by Designated Representatives; additional delegations of authority.

    EPA's Mandatory Greenhouse Gas Reporting Rule is the first in a forthcoming series of LexisNexis Global Climate Change Special Pamphlets that collectively address the law of global climate change. The series, written by members of the American College of Environmental Lawyers (ACOEL) and other experts, provides complete and up-to-date legal analysis of federal and state climate change statutory and case law, economic analysis of emerging carbon markets, practice pointers, and when appropriate, checklists and forms. Several new titles are due out in January 2010, including The SEC and Climate: Disclosure Requirements, Cap and Trade: Law and Economics, and Carbon Capture and Sequestration.

    Check back periodically on the Lexis.com bookstore for the release of more new titles in the LexisNexis Global Climate Change Special Pamphlet Series.

    Table of Contents

    § 1.01 Purpose of This Pamphlet

    § 1.02 Background to EPA's Mandatory Greenhouse Gas Reporting Rule


    [1] Greenhouse Gases
    [2] Statutory Authority
    [3] Purpose of the Reporting Rule
    [4] Relationship to Other Climate Change Policy
    [5] Relationship to EPA's Clean Air Act Rulemaking: Advanced Notice of Proposed Rule Making, Proposed "Endangerment Finding," Mobile Source Rule, and "Tailoring Rule"
    [6] Development of the Reporting Rule
    [a] Proposed Rule
    [i] GHGs
    [ii] Source Categories
    [iii] Problems of "Double Counting"
    [iv] Excluded Sources
    [v] Thresholds
    [vi] Level of Reporting
    [vii] Reporting Year
    [viii] Frequency of Reporting
    [ix] Verification Requirements
    [x] Duration of Program
    [b;] Revisions in the Final Rule

    § 1.03 Summary of the Mandatory Greenhouse Gas Reporting Rule


    [1] Purpose and Scope
    [2] Entities Required to Report
    [a] Direct Emitters or "Downstream Sources"
    [b] Suppliers or "Upstream Sources"
    [3] General Monitoring, Reporting, Recordkeeping and VerificationRequirements
    [a] Preliminary Flexibility Provided in 2010
    [i] Best Available Monitoring Data
    [ii] Abbreviated Emissions Reports
    [b] Annual GHG Report
    [c] GHG Monitoring Plan
    [d] Calibration Accuracy Requirements
    [e] Designated Representative
    [f] Certification of the GHG Emissions Report
    [g] Specific Monitoring Requirements
    [i] Selecting Appropriate Tier
    [ii] Quality Assurance and Control
    [iii] Missing Data
    [h] Recordkeeping
    [4] Calculating GHG Emissions
    [a] General Methodology
    [b] Global Warming Potentials
    [c] Level of Reporting
    [d] Standardized Methods
    [e] Units
    [5] Compliance and Enforcement
    [a] Compliance Assistance
    [b] Role of the States
    [c] Enforcement
    [6] Collection, Management, and Dissemination of GHG Emissions Data by EPA
    [a] Purpose
    [b] Data Collection
    [c] Data Management
    [d] Data Dissemination

    § 1.04 Specific Subparts


    [1] General Stationary Fuel Combustion Sources
    [a] Definition of the Source Category
    [b] Reporting Threshold
    [c] GHGs to Report
    [d] Calculating GHG Emissions
    [i] CO2
    [ii] N2O and CH4
    [e] Data Collection Methods
    [f] Reporting Requirements

    § 1.05 Conclusion

     

    Mary Ellen Ternes


    Mary Ellen Ternes is a Shareholder and Environmental Practice Group Leader at McAfee & Taft A Professional Corporation, in Oklahoma City, Oklahoma. Her practice encompasses all facets of environmental law and related aspects arising in energy law, including regulatory, enforcement, and transactional matters, as well as federal and state litigation, particularly citizen suits. Mary Ellen's practice focuses on air, greenhouse gas, solid and hazardous waste, water quality and water rights regulatory issues. She also works frequently with legal issues involving emergency planning, voluntary cleanups, Brownfields, Superfund, NEPA, underground storage tank regulation, in addition to "All Appropriate Inquiry" and other due diligence issues.

    Mary Ellen advises clients regarding strategic business development, navigating regulatory requirements to minimize cost of compliance and exposure to claims of noncompliance. She assists clients with self-audits and self-reporting to achieve compliance. She helps clients resolve allegations of non-compliance and, where penalties are assessed, negotiates acceptable settlement terms, reduced penalties, supplemental environmental projects and appropriate corrective action schedules. In transactions, Mary Ellen works with clients to negotiate allocations of risk for environmental liabilities identified through insightful due diligence.

    Prior to entering law school, Mary Ellen worked as a chemical engineer for the Environmental Protection Agency in Superfund emergency response/site characterization and Resource Conservation and Recovery Act (RCRA) incinerator permitting. Mary Ellen then joined industry as an environmental project officer for a commercial hazardous waste incineration company overseeing RCRA, Toxic Substances Control Act and Clean Air Act permitting and compliance. During law school, she worked as a law clerk for the EPA's Office of General Counsel, Air and Radiation Division.

    Mary Ellen is a frequent author and speaker on environmental issues. Through her leadership roles in the American Bar Association and the American Institute of Chemical Engineers, she provides education and initiates collaboration on scientific, legal and policy issues arising from developments in energy and carbon management, tracking and sequestration.

    Mary Ellen is listed in Best Lawyers in America, the International Who's Who of Business Lawyers for Environment Law, Oklahoma Super Lawyers and "Top 25 Women Oklahoma Super Lawyers." Mary Ellen is a Fellow of the American College of Environmental Lawyers.

    Bradley M. Marten


    Bradley M. Marten, founder and Managing Partner of Marten Law PLLC, is consistently ranked by his peers as one of the nation's top environmental lawyers. He is a Regent of the American College of Environmental Lawyers and Chairs its Policy Committee. He is listed as a top environmental lawyer in the best Lawyers in America, Chambers, and the International Who's Who of Environment Lawyers, and been recognized in many other publications for his work in the environmental law field over a 25 year career. Brad represents both corporate and public clients in matters touching on most of the major environmental and energy practice areas. He is the General Editor for the LexisNexis Global Climate Change Special Pamphlet Series.

     

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