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.