The New Jersey Department of Environmental Protection (“DEP”) is expected to adopt new rules governing the reporting of emissions of certain greenhouse gases in the near future.  These new rules were proposed recently pursuant to the Global Warming Response Act of 2007, which required the DEP to establish a greenhouse gas emission monitoring and reporting system.  Greenhouse gases that are subject to the proposed rules include refrigerants such as hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs), methane, nitrous oxide, sulfur hexafluoride, ethers and halogentated ethers.  The aim of the rule amendments is to generate information on major sources of greenhouse gases as part of a strategy to meet future goals to reduce emissions.

The change in emission reporting requirements will affect numerous types of facilities.  Among the most likely to be impacted are facilities with large refrigeration systems such as supermarkets, restaurants and cold storage warehouses such as those used to store perishable foods.  In addition, various industrial processing facilities.  Finally the new rules would likely change requirements for many landfills and wastewater treatment facilities.

The proposed rules would change the requirements for emission statements under the Air Pollution Control Rules by requiring greenhouse gas reporting requirements for more facilities.  The rule would also amend the Worker and Community Right to Know Rules by requiring reporting concerning the amount of fossil fuels used by certain facilities subject to the Worker and Community Right to Know Act Rules including prime suppliers of fossil fuels, gas public utilities, and natural gas pipeline operators.

As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.

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