EPA has issued a final rule specifying which greenhouse gas (GHG) emissions data reported by companies to EPA will be public and which will be treated as confidential business information. 76 Fed. Reg. 30,782 (5/26/11). Effective July 25, 2011, the rule amends 40 C.F.R. Part 2 and includes determinations for 24 data elements that companies are required to report as part of EPA’s GHG emissions reporting rule under 40 C.F.R. Part 98, which applies to sources that emit more than 25,000 metric tons of carbon dioxide-equivalent GHGs annually.

For direct sources of emissions, the rule classifies emissions data, calculation methods and operating characteristics of affected units as public information. Production and throughput data and information on raw materials that are not inputs for emissions calculations will be treated as confidential. For fuel and chemical suppliers, EPA will not release customer and vendor information, the amount and composition of materials received, and data on emissions factors.

The final rule does not include confidentiality determinations for several industries, including (i) carbon sequestration, (ii) fluorinated gas production and (iii) petroleum and natural gas systems. EPA will propose confidentiality determinations for those industries separately.