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New York Proposed Rulemaking – 6 NYCRR Part 253 (Mandatory Greenhouse Gas Reporting)

Posted: August 7th, 2025

Authors: Corey P. 
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The State of New York passed the Climate Leadership and Community Protection Act (CLCPA) in July 2019. This regulation requires the New York State Department of Environmental Conservation (NYSDEC) to evaluate statewide greenhouse gas (GHG) emissions and to promulgate regulations to reduce those overall GHG emissions. As part of these promulgated regulations and to work towards the emissions reductions targets set by the CLCPA, NYSDEC has proposed to establish 6 NYCRR Part 253 (NY GHG Rule), requiring emitters of GHG to report annual emissions. This article outlines what facilities are required to report under the NY GHG Rule and the differences between the NY GHG Rule and Federal GHG reporting requirements.

Who Must Report?

According to the proposed regulations, facilities meeting and exceeding the following source category definitions would be subject to these regulations:

1) Owners and operators of facilities within New York that emit over 10,000 metric tonnes (MT) or more of carbon dioxide equivalents (CO2e) per year

2) Fuel suppliers, which includes both fuel suppliers in New York and suppliers importing fuel into New York State, including:

  1. Suppliers of natural gas, who must report the cubic feet of natural gas necessary to generate any GHG emissions per emissions year
  2. Suppliers of liquid fuels and petroleum products, who must report the gallons of affected liquid fuel necessary to generate any GHG emissions per emissions year
  3. Suppliers of liquified natural gas and compressed natural gas, who must report the cubic feet of liquified natural gas and/or compressed natural gas to generate any GHG emissions per emissions year
  4. Suppliers of coal, who must report tonnage of coal necessary to generate any GHG emissions per emissions year

3) Waste haulers and transporters with estimated emissions from solid wastes transported to landfills or combustion facilities outside of New York exceeding 10,000 MT CO2e per year

4) Electric power entities who must report any GHG emissions or imported megawatt hours (MWh)

5) Suppliers of agricultural lime and fertilizer, who must report the quantity of agricultural lime and fertilizer necessary to generate any GHG emissions per emissions year

6) Anaerobic digestion and liquid storage of waste facilities who must report the wastes imported to or generated at the facility if they are in excess of at least one of the following:

  1. 1×106 gallons of aqueous industrial food waste,
  2. 7×108 gallons of municipal wastewater,
  3. 1,500 MT (wet mass) of food scraps, commercial food waste, or industrial food waste,
  4. 430 MT (dry mass) of food scraps, commercial food waste, or industrial food waste,
  5. 1,100 MT of stover, yard trimmings, or other plan biomass,
  6. 1,100 MT of paper or paper pulp,
  7. 290 MT of fats, oils, or grease,
  8. 600 MT of any other waste that contains degradable organic carbon, or
  9. A combination of (i)-(viii) over their threshold with the sum exceeding 1 (i.e., gallons of aqueous industrial food waste/1×106 + gallons of municipal wastewater/7×108 + …)]

If a facility’s annual GHG emissions meet or exceed the limits listed above in any emissions year from 2023 through 2025 or any year after, the facility must report its emissions to NYSDEC starting in the first reporting period, which will start January 1, 2026 and end December 31, 2026. Affected facilities can also be subject to more than one of the source categories listed above depending on the nature of their operations. Along with these requirements, these sources are also subject to third party verification, unless meeting a specific exemption or meeting the cessation requirements for reporting and verification.

This rule is not just applicable to facilities located in New York State, but also upstream electricity and fuel suppliers that provide electricity or fuel into New York State. Electricity providers and fuel suppliers outside of New York State need to evaluate their supply chain to understand their applicability to the NY GHG Rule.

What Are “Large Emission Sources”?

Under the NY GHG Rule, facilities defined as large emissions sources also have additional reporting requirements. “Large emission sources” are defined as those meeting the following criteria:

1) Owners and operators of facilities (within New York) that emit 25,000 MT CO2e or more per emissions year

2) Fuel suppliers

  1. Natural gas suppliers: 15,000,000 cubic feet or more of natural gas per emissions year
  2. Liquid fuels and petroleum product suppliers: 100,000 gallons or more of affected liquid fuels per emissions year
  3. Liquified and compressed natural gas suppliers: 15,000,000 cubic feet or more of liquified natural gas and/or compressed natural gas per emissions year
  4. Coal suppliers: 500 U.S. short tons of coal per emissions year

3) Waste haulers and transporters that emit 25,000 MT CO2e or more per emissions year

4) Electric power entities: Not applicable (N/A) unless they meet the thresholds defined under category (1)

5) Suppliers of agricultural lime and fertilizer: N/A unless they meet the thresholds defined under category (1)

6) Anaerobic digestion and liquid storage of waste: N/A unless they meet the thresholds defined under category (1)

With the thresholds for large emitters being over 25,000 MT CO2e, any facility subject to 40 CFR Part 98 will be considered a large emitter under the NY GHG Rule and subject to the additional reporting requirements.

General Reporting Requirements

Facilities exceeding their source category’s applicable emissions thresholds must report annual GHG emissions and develop and retain for review a GHG Monitoring Plan (GHGMP). Additional annual report requirements include general facility information, with the specific requirements listed in Section 253-1.5 of the rule. The first reporting period is 2026 and the first report will be due June 1, 2027. Emissions reporting requirements are outlined for each type of facility in Section 253-2.

GHGMP

The GHGMP must be electronically submitted to NYSDEC by December 31, 2026, or by the end of the first calendar year in which the source first meets or exceeds the applicability thresholds. The GHGMP must be resubmitted any year in which a revision is made. The GHGMP contains similar requirements to the written GHG Monitoring Plan required by U.S. Environmental Protection Agency (U.S.EPA) under 40 CFR Part 98, Subpart A, but will need to include all additional reporting requirements listed under Part 253.

The GHGMP must contain the following:

  • Identification of positions of responsibility (i.e., job titles) for collection of the emissions data;
  • Explanation of the processes and methods used to collect the necessary data for the GHG calculations; and
  • Description of the procedures and methods that are used for quality assurance, maintenance, and repair of all continuous monitoring systems, flow meters, and other instrumentation used to provide data for the GHG reported under Part 253.

Additional source category-specific requirements are also specified within the proposed regulation.

Methane generating sources such as anaerobic digester/liquid storage and solid waste landfill with over 300,000 MT CO2e must also complete an Emissions Monitoring and Measurement Plan (EMMP). The EMMP, which will be due March 1, 2026, will be the first report that will be submitted for this rule.

Third Party Verification

Facilities that meet applicability requirements that are not exempt under Section 253-1.2(l)(2) must obtain third-party verification services for the annual report. This verification must be completed by an accredited verification body. New York State will offer an application for companies to obtain verification body accreditation or will accept verification bodies accredited by American National Standard Institute (ANSI) or California Air Resource Board (CARB). Note that a verification body can only be contracted for NY GHG Rule third-party verifications for six-years, after which time the facility will need to contract another verification body.

The verification will include (but is not limited to) the following:

  • A verification plan
  • Planned meetings with the facility
  • Site visits, review of the facility’s operations and information
  • Sampling plan
  • Data checks
  • Emissions data report modifications
  • Log of issues
  • Material misstatement assessment
  • Review of missing data substitution
  • Review of product data, as applicable.

The verification body will then complete a verification statement/report in accordance with the requirements listed in Subpart 4 of Part 253. The third-party verifications are on a three-year verification cycle, with a more thorough verification in the first year, and with a positive verification there is the potential for a less intensive verification for the remaining years in the cycle. The initial verifications must be submitted by the verification body to NYSDEC by August 10 of each year.

How is Part 253 Different Than 40 CFR Part 98?

The New York Part 253 GHG reporting has some significant differences from the Federal GHG reporting requirements of 40 CFR Part 98. It is important to identify these differences to see what needs to be modified to prepare both reports. Some of these key differences are summarized below:

New York Part 253 40 CFR Part 98

Source Category Applicability

Categories listed above (“Who must report?”) 40 CFR §98.2

CO2e Global Warming Potential (GWP)

20-yr GWP

CO2: 1

CH4: 84

N2O: 264

100-yr GWP

CO2: 1

CH4: 28

N2O: 265

Verification

Third party verification is required Verification is not required

Biomass Combustion Calculations

Tier 3 or 4 calculations Tier 1-4 calculations acceptable

Reporting Deadline

June 1 March 31

Additional Reporting Requirements

Combustion – fuel supplier information per Part 253-2.7(l) N/A

Fugitive Refrigerant Reporting

Fugitive refrigerants containing 50 pounds or greater of fluorinated GHG used for heat transfer purposes Over 25,000 MT CO2e and need to report under 40 CFR Part 98, Subpart DD

Emergency Equipment

Must report emergency equipment AND non-permanent equipment, non-road equipment, and other mechanisms at the facility Facilities not required to report emergency equipment (i.e., emergency generators)

Electricity Generation

Any electricity generated onsite (if over specified reporting requirements) Electricity generating units (EGU) subject to 40 CFR Part 98, Subpart D

Enforcement

Penalties are defined and outlined within the regulations (e.g., fines for every 1 MT of CO2e misreported) Penalties not outlined

One key difference in applicability is the different source subcategories subject to these rules. Source category applicability for 40 CFR Part 98 is located at 40 CFR §98.2 and may differ from the sources required to report per the proposed New York regulations. Another important difference is the reporting deadline – for NY Part 253, the emissions data report is due on June 1 of each emissions year, while for 40 CFR Part 98, reports must be submitted by March 31.

Another factor that may increase the facility’s emissions reported is the use of CO2e Global Warming Potential (GWP) on a 20-year basis instead of the 100-yearr GWP basis under 40 CFR Part 98. Biomass combustion will also use different calculations methods, with Tier 3 or 4 requirements for New York under Part 253, while 40 CFR Part 98 allows for Tier 1-4 calculation methods. These required methods require monthly testing of the carbon content of samples per 40 CFR 98.34(b)(3)(ii)(D) and 253-2.7 (e)(2). Equipment calibration requirements may also vary by source type, with a higher calibration frequency than required by 40 CFR Part 98.

Additional reporting requirements are imposed in the proposed New York rule which differ from 40 CFR Part 98, including fuel supplier information for fuel used in combustion equipment and different fugitive refrigerant thresholds and requirements. Emergency equipment (i.e., emergency generators or fuel combusting equipment) must report per the New York rule, while 40 CFR Part 98 exempts certain emergency equipment. If exceeding the specified reporting requirements, any electricity generated onsite must be reported, while 40 CFR Part 98 only requires certain EGU to report.

What Should My Facility do to Prepare?

Facilities should start identifying their applicability to the rule as soon as possible. This would involve the calculation of GHG emissions from 2023-2025 and understanding the new monitoring, recordkeeping, and reporting requirements that need to be implemented by 2026. This proposed rule does not completely align with the Federal GHG Reporting Rule, so it is important to understand how this will impact monitoring and recordkeeping at your facility. ALL4 can help with developing a compliance strategy and preparing GHG emissions inventories.

ALL4 will continue to monitor the proposed Part 253 rules and updates for a final rule. Public comments were submitted July 1, 2025, and we are now awaiting the final rule. For inquiries about ALL4’s services or follow-up questions regarding the proposed Part 253 regulations, please contact ALL4 Consulting Engineer Louise Shaffer at lshaffer@all4inc.com and/or Consulting Engineer Corey Prigent at cprigent@all4inc.com.

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