Emission reports are still due, but reporters won't have to show their work, or at least not where everyone can see, according to a Monday, Dec. 20, 2010, proposal by the EPA. Under the proposal, those enterprises responsible for reporting their greenhouse gas (GHG) emissions may claim business confidentiality for some of their calculation methods through at least March 31, 2014.

Originally the plan was to make GHG reporting data available to the public immediately upon receipt, but now the agency is backing off of that proposal. In July 2010, the EPA proposed to determine that information included in emissions equations are "emissions data" and cannot be protected as confidential business information under the Clean Air Act. In mid-August, the agency decided that among the information reported would be the entirety of the enterprises' calculation methods.

The agency is now soliciting comments from stakeholders seeking more specific information about claims of business sensitivity regarding inputs to emissions equations, and proposing to defer the deadline for reporting that data until March 2014. According to an agency press release, the deferral would "allow EPA to assess the issue and make final decisions on how to treat the data elements in question."

Facilities must still submit and retain these data so that the agency may directly follow up with facilities through on-site audits.

The EPA is taking comment on the proposal to delay reporting of sensitive data for 30 days after publication in the Federal Register, If a hearing is requested (it almost certainly will be), that comment period extends to 45 days.

The action as announced (pdf) is available from the EPA's website.

SOURCE: EPA press release