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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.
Table of content
Legal Use & context
The term de minimis emissions is primarily used in environmental law, particularly in regulations concerning greenhouse gas reporting. It helps organizations determine which emissions are minor enough to be excluded from detailed reporting requirements. This can be relevant in various legal contexts, including compliance with federal and state environmental regulations.
Users may find it beneficial to utilize legal templates from US Legal Forms to assist in understanding their obligations regarding emissions reporting.
Key legal elements
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.
Relevant laws & statutes
De minimis emissions are referenced in the Code of Federal Regulations, specifically under 10 CFR 300.2, which outlines guidelines for voluntary greenhouse gas reporting. This regulation establishes the criteria for determining what constitutes 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.
Common misunderstandings
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.
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