By Jeryl L. Olson

USEPA has determined that certain information required to be submitted to the Agency under the Greenhouse Gas Reporting Rules of 40 CFR Part 98 will not be treated as Confidential Business Information, but will be available to the public. In a Final Rule published in the Federal Register on May 26, 2011, USEPA amended the Confidential Business Information provisions of 40 CFR Part 2 to provide that certain greenhouse gas emissions reporting information required under 40 CFR Part 98 (which for most industrial categories is after September 30, 2011) will be available to the public. For direct sources of GHG emissions (including approximately 28 industrial categories) and for suppliers of greenhouse gases, information on emissions data, emissions calculations methodology and operating conditions submitted to USEPA under the GHG reporting rule will be considered publicly available information. Materials throughput, and production data that are not specific inputs for emissions calculations, will continue to be protected as CBI and will not be released to the public. USEPA is continuing its confidentially determinations for additional industrial categories.