Q36. The applicability tool says I need to report, but I don’t think the tool is right.
A36. The applicability tool is intended solely as compliance assistance for potential reporters to aid in assessing whether they are required to report under the greenhouse gas reporting rule. Any variation between the rule and the information provided in this tool is unintentional, and, in the case of such variations, the requirements of the rule govern.
The applicability tool and its contents do not constitute rulemaking or a decision by EPA and may not be relied upon to create a substantive or procedural right or benefit enforceable by law, or in equity, by any person. While this tool is designed to help potential reporters comply with the rule, compliance with all Federal, State, and Local laws and regulations remains the sole responsibility of each facility owner or operator subject to those laws and regulations. Use of this tool does not constitute an assessment by EPA of the applicability of the rule to any particular facility. In any particular case, EPA will make its assessment by applying the law and regulations to the specific facts of the case.
No information entered by the user is maintained by EPA, and any results generated by the applicability tool, along with additional information entered by the user, do not constitute a submission for purposes of compliance with the rule.
Source: Legacy FAQ, revised per direction of K. Sibold and A. McKittrick, 10/4/2012.
Approval / Publishing History: Version 2
Relevant Subparts: Subpart A