Understanding De Minimis Emissions: Legal Insights and Implications

Definition & Meaning

De minimis emissions refer to greenhouse gas emissions from one or more sources that collectively account for three percent or less of the total annual carbon dioxide (CO2) equivalent emissions of an entity. This term is often used in environmental regulations to identify emissions that are considered negligible and do not require extensive reporting or management.

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Real-world examples

Here are a couple of examples of abatement:

For instance, a manufacturing plant that emits a total of 1,000 tons of CO2 equivalent emissions annually may have de minimis emissions if its minor sources contribute only 25 tons, which is 2.5 percent of the total emissions. This would exempt them from certain reporting requirements.

(Hypothetical example) A small business with a total of 500 tons of CO2 emissions could have a minor source that emits 10 tons, qualifying as de minimis emissions.

State-by-state differences

State De Minimis Threshold
California Similar to federal guidelines, with additional state-specific reporting requirements.
Texas Follows federal guidelines but may have local regulations that differ.
New York State regulations may impose stricter thresholds than federal standards.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Difference
Significant emissions Emissions that exceed the de minimis threshold. Significant emissions require detailed reporting.
Greenhouse gas emissions All gases that trap heat in the atmosphere. De minimis emissions are a subset of greenhouse gas emissions.

What to do if this term applies to you

If you believe your organization has de minimis emissions, review your total greenhouse gas emissions to confirm this classification. Consider using legal templates from US Legal Forms to assist with compliance and reporting. If your situation is complex or unclear, seeking professional legal advice may be necessary.

Quick facts

  • Threshold for de minimis emissions: 3 percent of total CO2 equivalent emissions.
  • Applicable in environmental law and regulations.
  • May vary by state regarding specific reporting requirements.

Key takeaways

Frequently asked questions

They are greenhouse gas emissions that collectively account for three percent or less of total annual emissions.