Defines «reporting entity» to mean: (1) a covered entity; (2) an entity that would be covered
if it had emitted, produced, imported, manufactured, or delivered in 2008 or any
subsequent year more than the applicable threshold level of carbon dioxide; (3) other entities that EPA determines will help achieve overall goals of reducing global warming pollution; (4) any vehicle fleet with emissions of more than 25,000 tons of carbon dioxide equivalent on an annual basis,
if its
inclusion will help achieve such reduction; (5) any entity that delivers electricity to a facility in an energy - intensive industrial sector that meets the energy or GHG intensity criteria.
If the
inclusion of the third party or the
subsequent forwarding of the communication is made by the client, benefiting of the privilege, this may be regarded as an implicit waiver of the privilege.