Rule2025-04724
Extending the Reporting Deadline Under the Greenhouse Gas Reporting Rule for 2024 Data
Primary source
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Published
March 20, 2025
Effective
March 20, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The EPA is promulgating this final rule to extend the reporting deadline under the Greenhouse Gas Reporting Rule for reporting year 2024 data from March 31, 2025, to May 30, 2025. This rule only changes the reporting deadline for annual greenhouse gas (GHG) reports for reporting year 2024. This rule does not change the reporting deadline for future years, and it does not change the requirements for what regulated entities must report.
Full Text
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<title>Federal Register, Volume 90 Issue 53 (Thursday, March 20, 2025)</title>
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[Federal Register Volume 90, Number 53 (Thursday, March 20, 2025)]
[Rules and Regulations]
[Pages 13085-13089]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04724]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 98
[EPA-HQ-OAR-2025-0096; FRL-12676-01-OAR]
RIN 2060-AW50
Extending the Reporting Deadline Under the Greenhouse Gas
Reporting Rule for 2024 Data
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is promulgating this final rule to extend the
reporting deadline under the Greenhouse Gas Reporting Rule for
reporting year 2024 data from March 31, 2025, to May 30, 2025. This
rule only changes the reporting deadline for annual greenhouse gas
(GHG) reports for reporting year 2024. This rule does not change the
reporting deadline for future years, and it does not change the
requirements for what regulated entities must report.
DATES: This rule is effective March 20, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket Id. No. EPA-HQ-OAR-2025-0096. All documents in the docket are
listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard copy at the EPA Docket
Center, WJC West Building, Room 3334, 1301 Constitution Ave. NW,
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744 and the telephone
number for the Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Jennifer Bohman, Climate Change
Division, Office of Atmospheric Protection (MC-6207A), Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone number: (202) 343-9548; email address: <a href="/cdn-cgi/l/email-protection#b1f6f9f6e3d4c1dec3c5d8dfd6f1d4c1d09fd6dec7"><span class="__cf_email__" data-cfemail="b3f4fbf4e1d6c3dcc1c7daddd4f3d6c3d29dd4dcc5">[email protected]</span></a>.
Preamble acronyms and abbreviations. Throughout this document the
use of ``we'' or ``our'' is intended to refer to the EPA. We use
multiple acronyms and terms in this preamble. While this list may not
be exhaustive, to ease the reading of this preamble and for reference
purposes, the EPA defines the following terms and acronyms here:
APA Administrative Procedure Act
CAA Clean Air Act
CBI confidential business information
CFR Code of Federal Regulations
CRA Congressional Review Act
e-GGRT electronic Greenhouse Gas Reporting Tool
EPA Environmental Protection Agency
FR Federal Register
GHG greenhouse gas
GHGRP Greenhouse Gas Reporting Program
NAICS North American Industry Classification System
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PRA Paperwork Reduction Act
PBI proprietary business information
RFA Regulatory Flexibility Act
RY reporting year
UMRA Unfunded Mandates Reform Act of 1995
U.S. United States of America
U.S.C. United States Code
Organization of this document. The information in this document is
organized as follows:
Table of Contents
I. General
A. Potentially Affected Entities
B. Statutory Authority
II. Regulatory Revisions
III. Rulemaking Procedures and Findings of Good Cause
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 14192: Unleashing Prosperity Through
Deregulation
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA)
K. Congressional Review Act (CRA)
L. Judicial Review
SUPPLEMENTARY INFORMATION:
I. General
A. Potentially Affected Entities
This action amends existing regulations. Entities affected by this
action are owners or operators of facilities that are direct emitters
or suppliers of greenhouse gases (GHGs) or that sequester carbon
dioxide (CO<INF>2</INF>) gas underground. These entities are required
to report certain activities under the Greenhouse Gas Reporting Program
(GHGRP) (codified at 40 CFR part 98. Regulated categories and entities
include, but are not limited to, those listed in table 1 of this
preamble:
[[Page 13086]]
Table 1--Examples of Affected Entities by Category
------------------------------------------------------------------------
North American
Industry Examples of facilities
Category Classification that may be subject to
System (NAICS) 40 CFR part 98
------------------------------------------------------------------------
Adipic Acid Production........ 325199 All other basic
organic chemical
manufacturing: Adipic
acid manufacturing.
Aluminum Production........... 331313 Primary aluminum
production
facilities.
Ammonia Manufacturing......... 325311 Anhydrous ammonia
manufacturing
facilities.
Calcium Carbide Production.... 325180 Other basic inorganic
chemical
manufacturing:
calcium carbide
manufacturing.
Carbon Dioxide Enhanced Oil 211120 Oil and gas extraction
Recovery Projects. projects using carbon
dioxide enhanced oil
recovery.
Caprolactam, Glyoxal, and 325199 All other basic
Glyoxylic Acid Production. organic chemical
manufacturing.
Cement Production............. 327310 Cement manufacturing.
Ceramics Manufacturing........ 327110 Pottery, ceramics, and
plumbing fixture
manufacturing.
327120 Clay building material
and refractories
manufacturing.
Coke Calcining................ 299901 Coke; coke, petroleum;
coke, calcined
petroleum.
Electronics Manufacturing..... 334111 Microcomputers
manufacturing
facilities.
334413 Semiconductor,
photovoltaic (PV)
(solid-state) device
manufacturing
facilities.
334419 Liquid crystal display
(LCD) unit screens
manufacturing
facilities;
Microelectromechanica
l (MEMS)
manufacturing
facilities.
Electrical Equipment 33531 Power transmission and
Manufacture or Refurbishment. distribution
switchgear and
specialty
transformers
manufacturing
facilities.
Electricity generation units 221112 Electric power
that report through 40 CFR generation, fossil
part 75. fuel (e.g., coal,
oil, gas).
Electrical Equipment Use...... 221121 Electric bulk power
transmission and
control facilities.
Electrical transmission and 33361 Engine, Turbine, and
distribution equipment Power Transmission
manufacture or refurbishment. Equipment
Manufacturing.
Ferroalloy Production......... 331110 Ferroalloys
manufacturing.
Fluorinated Greenhouse Gas 325120 Industrial gases
Production. manufacturing
facilities.
Geologic Sequestration........ NA CO2 geologic
sequestration sites.
Glass Production.............. 327211 Flat glass
manufacturing
facilities.
327213 Glass container
manufacturing
facilities.
327212 Other pressed and
blown glass and
glassware
manufacturing
facilities.
HCFC-22 Production............ 325120 Industrial gas
manufacturing:
Hydrochlorofluorocarb
on (HCFC) gases
manufacturing.
HFC-23 destruction processes 325120 Industrial gas
that are not collocated with manufacturing:
a HCFC-22 production facility Hydrofluorocarbon
and that destroy more than (HFC) gases
2.14 metric tons of HFC-23 manufacturing.
per year.
Hydrogen Production........... 325120 Hydrogen manufacturing
facilities.
Industrial Waste Landfill..... 562212 Solid waste landfill.
Industrial Wastewater 221310 Water treatment
Treatment. plants.
Injection of Carbon Dioxide... 211 Oil and gas
extraction.
Iron and Steel Production..... 333110 Integrated iron and
steel mills, steel
companies, sinter
plants, blast
furnaces, basic
oxygen process
furnace (BOPF) shops.
Lead Production............... 331 Primary metal
manufacturing.
Lime Manufacturing............ 327410 Lime production.
Magnesium Production.......... 331410 Nonferrous metal
(except aluminum)
smelting and
refining: Magnesium
refining, primary.
Nitric Acid Production........ 325311 Nitrogenous fertilizer
manufacturing: Nitric
acid manufacturing.
Petroleum and Natural Gas 486210 Pipeline
Systems. transportation of
natural gas.
221210 Natural gas
distribution
facilities.
211120 Crude petroleum
extraction.
211130 Natural gas
extraction.
Petrochemical Production...... 324110 Petrochemicals made in
petroleum refineries.
Petroleum Refineries.......... 324110 Petroleum refineries.
Phosphoric Acid Production.... 325312 Phosphatic fertilizer
manufacturing.
Pulp and Paper Manufacturing.. 322110 Pulp mills.
322120 Paper mills.
322130 Paperboard mills.
-----------------------------------------
Miscellaneous Uses of Facilities included elsewhere.
Carbonate.
-----------------------------------------
Municipal Solid Waste 562212 Solid waste landfills.
Landfills.
221320 Sewage treatment
facilities.
Silicon Carbide Production.... 327910 Silicon carbide
abrasives
manufacturing.
Soda Ash Production........... 325180 Other basic inorganic
chemical
manufacturing: Soda
ash manufacturing.
[[Page 13087]]
Suppliers of Carbon Dioxide... 325120 Industrial gas
manufacturing
facilities.
Suppliers of Industrial 325120 Industrial greenhouse
Greenhouse Gases. gas manufacturing
facilities.
Titanium Dioxide Production... 325180 Other basic inorganic
chemical
manufacturing:
Titanium dioxide
manufacturing.
Underground Coal Mines........ 212115 Underground coal
mining.
Zinc Production............... 331410 Nonferrous metal
(except aluminum)
smelting and
refining: Zinc
refining, primary.
Importers and Exporters of Pre- 423730 Air-conditioning
charged Equipment and Closed- ................ equipment (except
Cell Foams. 333415 room units) merchant
wholesalers.
Air-conditioning
equipment (except
motor vehicle)
manufacturing.
423620 Air-conditioners,
room, merchant
wholesalers.
449210 Electronics and
Appliance retailers.
326150 Polyurethane foam
products
manufacturing.
335313 Circuit breakers,
power, manufacturing.
423610 Circuit breakers and
related equipment
merchant wholesalers.
------------------------------------------------------------------------
Table 1 of this preamble is not intended to be exhaustive but
rather provides a guide for readers regarding facilities likely to be
affected by this action. This table lists the types of facilities that
the EPA is now aware could potentially be affected by this action.
Other types of facilities than those listed in the table could also be
subject to reporting requirements. To determine whether you would be
affected by this proposed action, you should carefully examine the
applicability criteria found in 40 CFR part 98, subpart A (General
Provisions) and the subpart for each source category. Many facilities
that are affected by 40 CFR part 98 have greenhouse gas emissions from
multiple source categories listed in table 1 of this preamble. If you
have questions regarding the applicability of this action to a
particular facility, consult the person listed in the FOR FURTHER
INFORMATION CONTACT section.
B. Statutory Authority
EPA is amending the reporting deadlines pursuant to Section 114 of
the Clean Air Act (CAA), which also served as the basis of statutory
authority for the underlying rule, 42 U.S.C. 7414. As noted in prior
rulemakings for this program, EPA has interpreted CAA section 114(a)(1)
to authorize reporting requirements related to EPA's CAA programs.
Statutory authority for the rulemaking procedures followed in this
action is provided by Administrative Procedure Act (APA) section
553(b)(B), based on EPA's finding of good cause to forego notice and
comment, 5 U.S.C. 553(b)(B).
II. Regulatory Revisions
EPA is amending subpart A (General Provisions) at 40 CFR 98.3(b) to
extend the reporting deadline for annual greenhouse gas (GHG) reports
for reporting year 2024 from March 31, 2025, to May 30, 2025. This one-
time extension of the reporting deadline will ensure that regulated
entities have adequate time to interact with the reporting software to
prepare and submit the annual GHG reports required under the existing
rule. Facilities and suppliers are required to submit each GHG report
``electronically in accordance with'' specified regulatory requirements
and in ``a format specified by the Administrator'' as stated at 40 CFR
98.5(a). EPA has required electronic reporting and provided an
electronic reporting system, the electronic Greenhouse Gas Reporting
Tool (hereafter refer to as ``e-GGRT''), for facilities and suppliers
since 2010 to prepare and submit annual GHG reports.
Historically, EPA has launched the e-GGRT system in mid-February
for a given reporting year. As a result, regulated entities have
generally had a six-week period to work in the e-GGRT system to prepare
and submit their annual GHG reports. As of March 2025, the e-GGRT
system has not been launched, and as a result, facilities have not had
adequate time to interact with the reporting system to prepare and
submit their annual GHG reports for reporting year 2024. For this
reason, EPA is extending the GHGRP reporting deadline for annual GHG
reports for reporting year 2024 from March 31, 2025, to May 30, 2025.
III. Rulemaking Procedures and Findings of Good Cause
EPA finds good cause to forego notice and comment for this action
pursuant to APA section 553(b)(B) because notice and comment would be
impracticable and contrary to the public interest. EPA is making a one-
time, 60-day extension of the reporting deadline for submitting annual
GHG reports for reporting year 2024. An immediate extension of the
deadline for submitting annual GHG reports under Part 98 is necessary
to ensure that regulated entities have sufficient time to interact with
the e-GGRT system to prepare and submit accurate annual GHG reports.
Given the existing regulatory deadline, it is impracticable for EPA to
provide notice and comment on the deadline extension because EPA would
not be able to finalize the amendment before the GHG reports for
reporting year 2024 are currently due. Additionally, it would be
contrary to the public interest to provide notice and comment on the
deadline extension because it would likely result in submission of
incomplete or inaccurate GHG reports for reporting year 2024 by the
existing deadline. Regulated entities still have the option to prepare
and submit reports sooner if they prefer that course of action. EPA
notes that these revisions do not make any changes to the substance of
what regulated entities must report to EPA.
The regulatory revisions made in this action will take effect
immediately on March 20, 2025. Under APA section 553(d)(1), a final
rule may be made effective on publication when it ``grants or
recognizes an exemption or relieves a restriction,'' 5 U.S.C.
553(d)(1). This
[[Page 13088]]
action extends the reporting deadline for regulated entities by 60 days
so that facilities have sufficient time to enter data into the e-GGRT
system. Absent this action, regulated entities would have insufficient
time to prepare and submit annual reports in the e-GGRT system, and
this action relieves that restriction. Therefore, the normal 30-day
minimum period between this action's dates of publication and
effectiveness is not required. Moreover, EPA finds good cause to make
the rule immediately effective pursuant to APA section 553(d)(3)
because the existing reporting deadline is less than 30 days from
publication. 5 U.S.C. 553(d)(3). Unless this action is effective before
the reporting deadline, the regulatory revisions will not accomplish
the objective of ensuring complete and accurate reporting by extending
the reporting deadline 60 days to May 30, 2025.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action alleviates regulatory burden as described in Executive
Order 14192.
C. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
requirements contained in the existing regulation and has assigned OMB
control number 2060-0629, OMB control number 2060-0748, and OMB control
number 2060-0751. This action extends the deadline for submitting
annual GHG reports for reporting year 2024 data from March 31, 2025, to
May 30, 2025. This rule does not change the requirements for what
regulated entities must report.
D. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA. The RFA applies only to
rules subject to notice and comment rulemaking requirements under the
Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute.
This rule is not subject to notice and comment requirements because EPA
has found good cause to forego notice and comment under 5 U.S.C.
553(b).
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
state, local, or Tribal governments. Requirements for the private
sector do not exceed $100 million in any one year.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175. The rule does not result in any changes to the
requirements of Part 98 other than extending the reporting deadline for
submitting annual GHG reports for reporting year 2024 data until May
30, 2025. Thus, Executive Order 13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. Therefore, this action is not
subject to Executive Order 13045 because it does not concern an
environmental health risk or safety risk. Since this action does not
concern human health, EPA's Policy on Children's Health also does not
apply.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. Judicial Review
Under CAA section 307(b)(1), any petition for review of this final
rule must be filed in the U.S. Court of Appeals for the District of
Columbia Circuit by May 19, 2025. This rulemaking revises the
submission deadline for submitting annual GHG reports for reporting
year 2024, which applies to owners and operators of facilities and
suppliers for all source categories of 40 CFR part 98. These facilities
and suppliers are located across the United States and therefore this
rulemaking is ``nationally applicable'' within the meaning of CAA
section 307(b)(1). Under CAA section 307(b)(2), the requirements
established by this final rule may not be challenged separately in any
civil or criminal proceedings brought by the EPA to enforce these
requirements.
List of Subjects in 40 CFR Part 98
Environmental protection, Administrative practice and procedure,
Greenhouse gases, Reporting and recordkeeping requirements.
Lee Zeldin,
Administrator.
For the reasons set forth in the preamble, the Environmental
Protection Agency amends title 40, chapter I, of the Code of Federal
Regulations as follows:
PART 98--MANDATORY GREENHOUSE GAS REPORTING
0
1. The authority citation for part 98 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart A--General Provision
0
2. Amend Sec. 98.3 by revising and republishing paragraph (b) to read
as follows:
Sec. 98.3 What are the general monitoring, reporting, recordkeeping
and verification requirements of this part?
* * * * *
(b) Schedule. The annual GHG report for reporting year 2010 must be
submitted no later than September 30,
[[Page 13089]]
2011. The annual report for reporting years 2011 and beyond must be
submitted no later than March 31 of each calendar year for GHG
emissions in the previous calendar year, except as provided in
paragraphs (b)(1) and (b)(5) of this section.
(1) For reporting year 2011, facilities with one or more of the
subparts listed in paragraphs (b)(1)(i) through (b)(1)(xi) of this
section and suppliers listed in paragraph (b)(1)(xii) of this section
are required to submit their annual GHG report no later than September
28, 2012. Facilities and suppliers that are submitting their second
annual GHG report in 2012 and that are reporting on one or more
subparts listed in paragraphs (b)(1)(i) through (b)(1)(xii) of this
section must notify EPA by March 31, 2012, that they are not required
to submit their annual GHG report until September 28, 2012.
(i) Electronics Manufacturing (subpart I).
(ii) Fluorinated Gas Production (subpart L).
(iii) Magnesium Production (subpart T).
(iv) Petroleum and Natural Gas Systems (subpart W).
(v) Use of Electric Transmission and Distribution Equipment
(subpart DD).
(vi) Underground Coal Mines (subpart FF).
(vii) Industrial Wastewater Treatment (subpart II).
(viii) Geologic Sequestration of Carbon Dioxide (subpart RR).
(ix) Manufacture of Electric Transmission and Distribution (subpart
SS).
(x) Industrial Waste Landfills (subpart TT).
(xi) Injection of Carbon Dioxide (subpart UU).
(xii) Imports and Exports of Equipment Pre-charged with Fluorinated
GHGs or Containing Fluorinated GHGs in Closed-cell Foams (subpart QQ).
(2) For a new facility or supplier that begins operation on or
after January 1, 2010, and becomes subject to the rule in the year that
it becomes operational, report emissions starting the first operating
month and ending on December 31 of that year. Each subsequent annual
report must cover emissions for the calendar year, beginning on January
1 and ending on December 31.
(3) For any facility or supplier that becomes subject to this rule
because of a physical or operational change that is made after January
1, 2010, report emissions for the first calendar year in which the
change occurs, beginning with the first month of the change and ending
on December 31 of that year. For a facility or supplier that becomes
subject to this rule solely because of an increase in hours of
operation or level of production, the first month of the change is the
month in which the increased hours of operation or level of production,
if maintained for the remainder of the year, would cause the facility
or supplier to exceed the applicable threshold. Each subsequent annual
report must cover emissions for the calendar year, beginning on January
1 and ending on December 31.
(4) Unless otherwise stated, if the final day of any time period
falls on a weekend or a federal holiday, the time period shall be
extended to the next business day.
(5) The annual GHG report for reporting year 2024 must be submitted
no later than May 30, 2025.
* * * * *
[FR Doc. 2025-04724 Filed 3-19-25; 8:45 am]
BILLING CODE 6560-50-P
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