Tuesday, March 24, 2009

New greenhouse gas rules from the EPA and NY

On March 10, the Environmental Protection Agency announced it was proposing new rules requiring annual reports of of carbon dioxide and other greenhouse gas emissions.

The first annual report covering calendar year 2010 would be due by March 31, 2011 except for vehicle and engine manufacturers, who would report beginning with model year 2011.

The proposal will be subject to a 60-day public comment period after it is published in the Federal Register.

In one of Saul Ewing law firm's series of environmental alerts to clients, aptly labeled What keeps you up at night?, attorney Carl B. Everett explains that the rule is designed to apply to "power plants and other energy intensive sectors like automakers, iron and steel producers, chemical makers, cement producers, petroleum refineries as well as landfills and large manure management systems." You can read Carl's report here.

In its e-newsletter, In-Sites, the Gibbons law firm also reports on the EPA proposal, adding that on March 11--just one day after the EPA rule announcement--New York State unveiled a new initiative to include greenhouse gas emissions in the state's environmental review of large-scale projects.

Gibbons explains that: "Whenever a project is subject to an environmental impact statement (EIS), where the New York State Department of Environmental Conservation (NYSDEC) is the lead agency and there is a requirement for an environmental review of large scale projects under the State Environmental Quality Review Act (SEQR), the newly announced policy will be triggered. "

You'll find a copy of New York's proposal, which will be subject to a 30-day comment period ending April 10, 2009, at http://www.dec.ny.gov/permits/52508.html or http://www.dec.ny.gov/press/52557.html

You can read the full Gibbons alert here

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