West Virginia, Federal Greenhouse Gas Reporting Rules in Conflict

US EPA recently finalized a rule at 40 CFR Part 98 that will require reporting of greenhouse gases (GHGs) by many sources by March of 2011 for calendar year 2010 emissions. The rule differs in significant ways from the DEP Division of Air Quality's reporting rule, found at 45 CSR 42. The DEP had promised, before adopting Reg 42, that it had no intention of setting up a duplicate or alternative GHG reporting scheme, and that it would set aside its rule if EPA adopted its own. That having occurred, we'll see if the Division of Air Quality drops its current rule.