The New York State Department of Environmental Conservation (NYSDEC) recently extended enforcement discretion deadlines for its Greenhouse Gas Emissions Reporting Program.
Summary of Changes
As we noted in a previous legal alert on greenhouse gas emissions, the New York State Department of Environmental Conservation (NYSDEC) finalized regulations establishing a Mandatory Greenhouse Gas (GHG) Reporting Program under 6 NYCRR Part 253 in December 2025. This rule implements a key provision of the Climate Leadership and Community Protection Act (CLCPA), which mandates aggressive statewide GHG reductions — 40 percent by 2030 and 85 percent by 2050 from 1990 levels, with interim targets of 40 percent by 2030 and 60 percent by 2040. The rule aims to build a comprehensive emissions database to help meet the state’s CLCPA goals.
In an Enforcement Discretion letter, NYSDEC stated it is developing amendments to Part 253 in response to May 26, 2026, legislative changes to the CLCPA, including changes to the statute’s emissions-accounting methodology, the addition of a 2040 interim emissions target and an extension of NYSDEC’s deadline to promulgate implementing regulations.
“Exercise of this discretion is in recognition of NYSDEC’s decision to develop a regulatory package to amend Part 253 in response to the May 26, 2026 legislative changes to the Climate Leadership and Community Protection Act,” the letter reads. The table below summarizes the shift in enforcement discretion:
Provision in Part 253ActivityRegulatory DeadlineEnforcementDiscretion Effective
Through1.4(b)2026 Emissions Data ReportJune 1, 2027December 31, 20271.4(b)2027 Emissions Data ReportJune 1, 2028September 1, 20281.4(c)Verification Statements for 2026 Reporting YearDecember 1, 2027April 1, 20281.7(e)Large Emissions Source’s GHG Monitoring PlanDecember 31, 2026June 30, 20272.4(e)Registration of anticipated sources for specified facilities or units using imported or exported electricityFebruary 1, 2027August 31, 20272.20(a)(2)Emissions Monitoring and Measurement Plans for operators of solid or liquid waste management facilitiesSeptember 1, 2026March 1, 2027
Details on the Changes
The deadline extensions apply to several Part 253 requirements. Section 1.4(b) requires each reporting entity to submit an emissions data report by June 1 of the calendar year immediately following each emissions year. The 2026 report remains due June 1, 2027, but NYSDEC will exercise enforcement discretion through December 31, 2027. NYSDEC also will exercise enforcement discretion for the 2027 emissions data report through September 1, 2028.
Section 1.4(c) requires third-party verification statements for the 2026 emissions year to be submitted by December 1, 2027. NYSDEC will exercise enforcement discretion for that submission requirement through April 1, 2028.
Section 1.7(e) requires each facility operator or supplier meeting the thresholds in Section 1.2(f) to submit a GHG monitoring plan by December 31, 2026, or by the end of the first calendar year in which the source first meets the applicable thresholds. For Large Emissions Sources identified under Section 1.2(f), NYSDEC will exercise enforcement discretion for the Section 1.7(e) GHG monitoring plan submission requirement through June 30, 2027.
Section 2.4(e) addresses registration requirements for reporting entities that claim specified facilities or units for imported or exported electricity. In connection with the Section 1.4(b) submission deadline, NYSDEC will exercise enforcement discretion for Section 2.4(e) through August 31, 2027. Entities claiming specified facilities or units for imported or exported electricity must register those sources by August 31, 2027, to obtain associated emission factors calculated by NYSDEC for use in the 2026 emissions data report.
Section 2.20(a)(2) requires qualifying operators of solid and liquid waste management facilities to submit an Emissions Monitoring and Measurement Plan to NYSDEC by September 1, 2026, and then by March 1, 2029, and every three years thereafter. NYSDEC will exercise enforcement discretion for the first EMMP submission deadline through March 1, 2027.
If you need assistance with emissions reporting or other environmental matters please consult a member of our Environmental Practice Group, including attorney Aaron B. Goldman at (585) 419-8815 and agoldman@harrisbeachmurtha.com; attorney Gene J. Kelly at (518) 701-2740 and gkelly@harrisbeachmurtha.com; attorney Alfred E. Smith Jr. at (203) 772-7722 and asmith@harrisbeachmurtha.com; or the Harris Beach Murtha attorney with whom you most frequently work.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach Murtha’s lawyers and consultants practice from offices throughout Connecticut in Bantam, Hartford, New Haven and Stamford; New York State in Albany, Binghamton, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Long Island and White Plains; as well as in Boston, Massachusetts, and Newark, New Jersey.