On September 16, 2025, the US Environmental Protection Agency (EPA) published a proposal to eliminate the vast majority of its longstanding Greenhouse Gas Reporting Program (GHGRP), which requires thousands of facilities and organizations to report annual emissions of greenhouse gases (GHGs) (40 CFR part 98). (I’ve written about this program over the years, most recently when EPA issued massive revisions in April 2024 (see HERE). The remainder of this note briefly summarizes EPA’s latest interpretation and identifies the small portion EPA proposes to retain, and the existing GHGRP.
Who has been required to report?
EPA created the GHGRP to fulfill a requirement in the 2008 national budget, requiring the agency to “develop and publish a draft rule … [within 9 months and a final rule within 18 months], to require mandatory reporting of greenhouse gas emissions above appropriate thresholds in all sectors of the economy of the United States.” In doing so, EPA also applied authority from the Clean Air Act (CAA; mostly section 114).
Since 2011, EPA’s GHGRP has required reporting from qualifying entities, based on GHGs emitted and/or on the emission source’s industrial sector. EPA has issued several sets of technical revisions to these requirements over the years, and has added additional source categories (beginning in 2010, facilities in 24 sectors plus “General Stationary Fuel Combustion Sources”, and entities supplying 5 types of fossil fuels; plus 7 sectors in 2011; plus 5 sectors in 2025. Requirements for reporting by Manure Management facilities have never been implemented). (I listed these in the note linked above). Most recently, an interstitial addition to CAA (in section 136) specifies detailed reporting requirements for most petroleum and natural gas sector facilities (part 98 subpart W) but defers them until 2034.
What is EPA proposing now?
EPA is proposing to determine that CAA section 114 does not provide authority for GHGRP requirements, eliminating all but those supported by section 136 and deferring those until 2034. EPA also provides an alternative justification, which is that all but the specified subpart W requirements are discretionary and it chooses to apply its discretion not to require reporting. Readers should note that the possibility that the original mandate in the 2008 budget imposes ongoing responsibilities for the agency to continue to implement the rules it was required to adopt.
What now?
Comments are due on or before November 3, 2025. After that I expect EPA to move quickly to finalize these repeals – remember that annual GHGRP reports are due by March 31, 2026. anticipate there will be litigation seeking to stay or reverse the changes, but can’t predict the eventual outcome. Readers should keep in mind that these federal changes do not affect independent state-level GHG reporting requirements, such as those in California.
Implementation Checklist
Has the organization identified facilities and individual sources subject to GHGRP requirements?
If the organization is a supplier of fossil fuels or specified GHGs, has the entity identified materials streams subject to GHGRP reporting?
Is the organization following EPA’s proposal, in order to understand and meet any requirements extant as of March 31, 2026?
Is the organization preparing comments on EPA’s proposal
Where Can I go For More Information?
EPA provides extensive information on its website, and has published these revisions in the Federal Register:
About the Author
Jon Elliott is President of Touchstone Environmental and has been a major contributor to STP’s product range for over 30 years.
Mr. Elliott has a diverse educational background. In addition to his Juris Doctor (University of California, Boalt Hall School of Law, 1981), he holds a Master of Public Policy (Goldman School of Public Policy [GSPP], UC Berkeley, 1980), and a Bachelor of Science in Mechanical Engineering (Princeton University, 1977).
Mr. Elliott is active in professional and community organizations. In addition, he is a past chairman of the Board of Directors of the GSPP Alumni Association, and past member of the Executive Committee of the State Bar of California's Environmental Law Section (including past chair of its Legislative Committee).
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