Earlier this month, the state of New York’s Department of Environmental Conservation released its final rule on mandatory greenhouse gas reporting. The rule is promulgated under New York’s Climate Act, and requires in-scope operators to report GHG emissions on an annual basis. Unlike similar legislation in California, the scope of New York’s law is substantially limited. A FAQ from the Department of Environmental Conservation lays out a list of reporting entities:
- “Owners and operators of facilities in New York State that emit 10,000 metric tons1 (MT) or more of carbon dioxide equivalent (CO 2e) per emissions year (facilities include electricity generation, stationary combustion, landfills, waste to energy, and natural gas compressor stations and other infrastructure);
- Fuel suppliers that supply a quantity of fuel to an end user in New York State that generates any amount of GHG emissions per emission year. This includes suppliers of natural gas, liquid fuels and petroleum products, liquefied natural gas and compressed natural gas, and coal;
- Waste haulers and transporters (exporters) for which the estimated emissions from solid wastes transported to landfills or combustion facilities outside of New York State exceed 10,000 MT CO 2e emissions in any year;
- Electric power entities that emit any GHG emissions or import megawatt hours (MWh) into New York State;
- Suppliers of agricultural lime and fertilizer that are licensed distributors under 1 NYCRR Part 153 or Article 9A of the Agriculture and Markets Law that supply a quantity of agricultural lime and fertilizer necessary to generate any GHG emissions per emission year; or
- Anaerobic Digestion and Liquid Storage of Waste at facilities, such as wastewater treatment plants and concentrated animal feeding operations, where wastes imported to the facility or generated at the facility in an amount that would generate 10,000 or more metric tons of CO 2e per year”
Additionally, large emission sources will be required to conduct third-party verification of their emissions. The first reports under the law are required in June 2027 on 2026 data. As California’s reporting obligations play out next year, we’ll be monitoring how each approach is received. With two major states now having reporting regulations in place, it is possible that more states will follow.
Our members can learn more about GHG reporting here.
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