In the wake of this week’s announcement by the U.S. Environmental Protection Agency (EPA) touting the “biggest deregulatory action in U.S. history,” many companies are left with pressing questions regarding the status of the mandatory Greenhouse Gas Reporting Program (GHGRP) and the implications for the 2024 reporting year (RY2024). With reports due on March 31, 2025, organizations are seeking clarity amidst evolving regulatory signals.
What We Know So Far
The EPA’s press release broadly references a reconsideration of the GHGRP, citing significant costs imposed on the American energy supply. However, the agency has also released two related fact sheets offering more insight into its intended focus areas. According to these documents, the primary target of this regulatory review appears to be focused on the recent amendments to Part 98 from April and May 2024.
The fact sheets suggest that the Administration aims to reduce the burden on the oil and gas sector by revising Subpart W and potentially streamlining reporting requirements across other sectors. Despite these potential changes, 40 CFR Part 98 remains in effect for now.
Adding to the uncertainty, the e-GGRT reporting platform has been down since late January, and on March 7, the EPA indicated that clarifying guidance will be forthcoming. Given these delays, it seems increasingly unlikely that e-GGRT will be operational in time for the March 31 deadline. While there have been rumors circulating of a 30-day extension, EPA has not published an official announcement as of yet.
What Should Companies Do If e-GGRT Is Unavailable?
Under 40 CFR 98.5, GHG reports and certificates of representation must be submitted electronically in a format specified by the Administrator. At this time, no alternative submission format has been provided. This raises a critical legal question: If the EPA indicates that reports do not need to be submitted, what is the risk for affected companies?
Although GHGRP requirements under 40 CFR Part 98 are not covered by Title V—and therefore do not require self-disclosure in compliance reports—the EPA still retains enforcement authority under Section 114 of the Clean Air Act. Historically, enforcement of GHGRP reporting has been minimal, and it is unlikely that the current administration would aggressively pursue penalties. However, as a precaution, companies may consider submitting their RY2024 GHGRP reporting forms via email to their EPA regional offices by the March 31 deadline to demonstrate good faith compliance, unless an extension is announced, or other instructions are provided by EPA in the meantime.
Broader Implications for GHG Disclosure
Regardless of the evolving federal regulatory landscape, many companies have additional drivers for disclosing their greenhouse gas emissions. While GHGRP calculations often serve as the basis for Scope 1 inventories, businesses should consider state-level reporting obligations, supply chain requirements, investor expectations, and voluntary sustainability commitments when determining their reporting strategies.
Given these factors, we recommend that companies:
- Continue preparing GHG emissions calculations to maintain internal consistency and compliance readiness.
- Monitor the EPA’s GHGRP website closely for real-time updates and further guidance.
- Evaluate alternative reporting mechanisms (such as direct email submissions to EPA regional offices) to ensure transparency and mitigate potential compliance risks.
Moving Forward
While the full impact of the EPA’s recent deregulatory announcement remains uncertain, companies should take a proactive approach to GHG reporting. Maintaining accurate emissions calculations and staying informed about regulatory developments will help organizations navigate this evolving landscape with confidence.
Stay tuned for further updates as the situation unfolds or contact Trinity Consultants directly to talk with a local expert.
