Public Comments Accepted until July 1; Information Sessions and Public Hearings Being Scheduled
The New York State Department of Environmental Conservation (DEC) today announced the release of draft regulations that would require reporting from certain significant greenhouse gas (GHG) emissions sources to help better inform the State’s comprehensive efforts to reduce pollution, deliver cleaner air, improve community resilience, and create an equitable transition to a clean energy economy. The proposed Reporting Rule is solely for reporting purposes and would not require pollution reductions or the purchase of allowances. DEC is accepting public comments on the Mandatory Greenhouse Gas Reporting Program proposal from April 2 until July 1, 2025.
“This data is critical to inform the State’s sustained efforts to protect our environment and improve the health and quality of life of all New Yorkers, and DEC is prepared to fill the data gaps left behind by proposed federal rollbacks,” Acting Commissioner Lefton said. “The proposed Reporting Rule will enable us to collect the information necessary to develop effective strategies that reduce harmful air pollution and direct investments where they are most needed, while also protecting New York’s consumers and economic competitiveness.”
As part of the 2025 State of the State Address, Governor Kathy Hochul announced a historic $1 billion Sustainable Future Program, a critical investment designed to rapidly deliver climate-related benefits to New Yorkers. Hochul also directed DEC to advance a Mandatory Greenhouse Gas Reporting Program while DEC and the New York State Energy Research and Development Authority continue to develop a cap-and-invest program with continued stakeholder engagement.
DEC’s draft Mandatory GHG Reporting Program is for data collection only. It does not impose requirements for facilities to reduce GHG pollution or to obtain emission allowances. A facility required to report emissions would annually provide certain GHG emission data and information to DEC starting in June 2027 to reflect the previous year’s emissions. Certain large emission sources would also be required to verify their emissions data report annually using DEC-accredited third-party verification services.
To ensure a smooth transition, DEC is offering several forms of assistance and guidance to help entities comply with the new reporting requirements. First, DEC is developing an online platform to streamline the reporting process, which will reduce administrative tasks and costs for entities. DEC will offer training on using the platform once it launches. DEC is also developing a preliminary simplified estimator tool to help fuel suppliers and other emissions sources approximate whether their operations would necessitate submitting data annually.
The proposal also helps minimize potential reporting requirement costs by utilizing data already required to be reported under existing State and federal requirements and other mandatory reporting programs. In light of the U.S. Environmental Protection Agency’s recently announced intention to reconsider key federal air quality and GHG regulations, including the U.S. Greenhouse Gas Reporting Program, DEC’s proposed regulation would also serve as a backstop to ensure the ongoing availability of critical GHG information.
To help ensure a comprehensive collection of greenhouse gas emissions, the following sources would be required to annually report emissions data to DEC:
- Owners and operators of facilities in New York that emit 10,000 metric tons (MT) or more of carbon dioxide equivalent (CO2e) per emissions year. These facilities include electricity generation, stationary combustion, landfills, waste-to-energy, natural gas compressor stations, and other infrastructure;
- Fuel suppliers that provide a quantity of fuel to an end user in New York that generates any amount of GHG emissions per emissions 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 exceed 10,000 MT CO2e emissions in any year;
- Electric power entities that emit any GHG emissions or import megawatt hours (Mwh) into New York;
- Suppliers of agricultural lime and fertilizer 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 CO2e per year.
Emissions sources subject to the DEC’s Mandatory GHG Reporting Program (Part 253) represent a broader set of entities than those that may participate in any future cap-and-invest program. The specific rules to determine what entities will have to participate in a future cap-and-invest program, and the emissions thresholds, will be determined later as informed by additional stakeholder outreach and determined through a separate rulemaking.
The GHG reporting draft regulation, including supplemental documents and additional information, can be found at DEC’s proposed air regulations webpage. The public comment period begins April 2, 2025, when the proposed regulation is published in the State Register, and will run through July 1, 2025. To submit public comments, visit DEC’s website. Following the public comment period, DEC will review feedback received and anticipates issuing final regulations by the end of the year.
DEC will hold two virtual informational webinars on the draft regulation, with additional details announced soon. As part of the webinars, DEC staff will explain the draft rule, entities required to report emissions, how and where to submit formal comments, and additional technical assistance and resources that will be available as DEC implements the regulation next year.
DEC will also hold five public hearings as part of the public comment period, with three in-person and two virtual hearings.
In-person hearing details:
- Tuesday, June 3, at 1 p.m. at DEC’s Region 7 Office located at 5786 Widewaters Parkway in Syracuse, NY 13214
- Wednesday, June 4, at 1 p.m. at DEC’s Central Office located at 625 Broadway in Albany, NY 12207
- Thursday, June 12, at 1 p.m. at DEC’s Region 2 Office located at 1 Hunters Point Plaza, 47-40 21st Street in Long Island City, NY 11101
Virtual hearing details:
- Wednesday, June 18 at 1 p.m. and 6 p.m. Visit DEC’s rulemaking webpage for more information and to register.
New York State's Climate Agenda
New York State's climate agenda calls for an affordable and just transition to a clean energy economy that creates family-sustaining jobs, promotes economic growth through green investments, and directs a minimum of 35 percent of the benefits to disadvantaged communities. New York is advancing a suite of efforts to achieve an emissions-free economy by 2050, including in the energy, buildings, transportation, and waste sectors.
