On April 12, 2010, just six months after finalizing the Mandatory Greenhouse Gas Emissions Reporting Rule, EPA issued a supplemental proposed rule to create 40 CFR Part 98, Subpart W. This expansion of the Mandatory GHG Reporting Rule would require certain facilities within the petroleum and natural gas industry to monitor and report GHG emissions if they emit 25,000 metric tons or more of CO2e through fugitive, vented or flare combustion sources. 75 Fed. Reg. 18608. As such, Subpart W is proposed by EPA as a 98.2(a)(2) threshold source category.

Article authored by McAfee & Taft Attorney: David Winfrey.