New York State Greenhouse Gas Reporting Program 6 NYCRR 253 Enforcement Discretion
NYSDEC Releases Enforcement Discretion for Greenhouse Gas (GHG) Emissions Reporting Program
The New York State Department of Environmental Conservation (NYSDEC) has released an Enforcement Discretion on July 31, 2026 for certain provisions of the 6 NYCRR Part 253 greenhouse gas (GHG) reporting regulations. These regulations currently require facilities to report their GHG emissions data annually, beginning in 2027 for reporting year 2026 emissions. This initiative aims to collect data to inform New York State’s Climate Leadership and Community Protection Act (CLCPA) initiatives.
The enforcement discretion was published to amend Part 253 in response to the May 26, 2026 legislative changes to the CLCPA. The enforcement discretion extends the deadline of certain compliance dates under Part 253 and only affects deadlines under the regulation and does not affect any other aspects of the rule. The affected regulatory deadlines have are summarized in the following table.
| Activity | Regulatory Deadline | Enforcement Discretion Effective Through |
|---|---|---|
| *Emissions Monitoring and Measurement Plan (EMMP) Submission | September 1, 2026 | March 1, 2027 |
| Large Emission Source’s GHG Monitoring Plan Submission | December 31, 2026 | June 30, 2027 |
| Registration of Sources/Units for Specified Facilities | February 1, 2027 | August 31, 2027 |
| 2026 Emissions Data Report Submission | June 1, 2027 | December 31, 2027 |
| 2026 Verification Statements Submission | December 1, 2027 | April 1, 2028 |
| 2027 Emissions Data Report Submission | June 1, 2028 | September 1, 2028 |
| Note: *EMMP submission required only for anaerobic digester, liquid storage, and solid waste landfill facilities meeting applicability thresholds per 6 NYCRR 253-2.20(a)(1). |
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The Enforcement Discretion and additional information regarding the GHG reporting program, can be found at NYSDEC’s Mandatory Greenhouse Gas Reporting webpage.
For more information regarding GHG reporting and NYSDEC’s CLCPA requirements, contact B&L’s Kyle C. Williams, P.E.