In response to a Semiconductor Industry Association petition, EPA has issued a final rule reconsidering portions of an existing rule that requires electronics manufacturers to report their greenhouse gas (GHG) emissions. 76 Fed. Reg. 36,339 (6/22/11). As part of the reconsideration, EPA has extended until September 30, 2011, the period in which electronics manufacturers can use alternative methods to calculate emissions without obtaining prior approval.
Before the final rule, electronics manufacturers were required to report their GHG emissions as part of a December 2010 rule, codified at 40 C.F.R. Part 98. “Alternative methods,” known as best available monitoring methods (BAMM), can include emissions estimations using factors such as raw material use. EPA extended the reporting deadline to allow additional time to address the request for reconsideration.
In its petition, the Semiconductor Industry Association stated that the BAMM provisions raise “substantive compliance issues” such as (i) a “requirement to recalculate and resubmit estimated emissions,” (ii) an “individual requirementby- requirement BAMM request process,” (iii) a “documentation requirement,” (iv) the “timeframe for assembling the documentation,” and (v) a “unique and extreme circumstances provision.” Specifically, the association argued that the BAMM request process was “cumbersome and unreasonably burdensome” and that the required documentation to support a request was “excessive” and the deadlines for submitting a BAMM request were “unreasonable.”