---
title: "Advise a facility on whether it must report greenhouse gases to EPA"
url: "https://ailawframework.com/practice/energy-resources-and-mining/advise-a-corporate-group-on-its-greenhouse-and-energy-reporting-obligati/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A13-S20261018-1-US"
practice_area: "Energy, Resources & Mining"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Advise a facility on whether it must report greenhouse gases to EPA

> List the facility, its location and the source categories the lawyer names, and set them beside 40 C.F.R. § 98.2(a). Do not conclude that a report is required.

Canonical page: https://ailawframework.com/practice/energy-resources-and-mining/advise-a-corporate-group-on-its-greenhouse-and-energy-reporting-obligati/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Energy, Resources & Mining](https://ailawframework.com/practice/energy-resources-and-mining.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | List the facility, its location and the source categories the lawyer names, and set them beside 40 C.F.R. § 98.2(a). Do not conclude that a report is required. |
| What the lawyer must review | 40 C.F.R. § 98.2(a) applies the Greenhouse Gas Reporting Program to the owners and operators of a facility in the United States, or under or attached to the outer continental shelf, that meets paragraph (a)(1), (a)(2) or (a)(3), and to a supplier that meets paragraph (a)(4). Paragraph (a)(2) covers a facility with a listed source category that emits 25,000 metric tons CO2e or more per year from the sources that paragraph names. Paragraph (a)(1) is a listed source category without that threshold written into the paragraph. EPA states that the program is codified at 40 C.F.R. Part 98. The lawyer applies the right paragraph. This is not a state cap-and-trade return and it is not Australia's safeguard mechanism. |
| Written for | United States |
| Applies to | [Advise a corporate group on its greenhouse and energy reporting obligations](https://ailawframework.com/practice/energy-resources-and-mining/advise-a-corporate-group-on-its-greenhouse-and-energy-reporting-obligati.md) |

## Checking plan

- What the AI does: List the facility, its location and the source categories the lawyer names, and set them beside 40 C.F.R. § 98.2(a). Do not conclude that a report is required.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The 25,000 metric ton figure is not a universal threshold. Read the paragraph of § 98.2(a) that matches the source category.
- Do not describe this report as Australia's National Greenhouse and Energy Reporting scheme or the safeguard mechanism.

## Sources

- [40 C.F.R. § 98.2 (who must report greenhouse gases)](https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-98/subpart-A/section-98.2) (checked 2026-10-22)
- [EPA: Learn about the Greenhouse Gas Reporting Program](https://www.epa.gov/ghgreporting/learn-about-greenhouse-gas-reporting-program-ghgrp) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [NGER registration, reporting and Safeguard Mechanism obligations checklist](https://ailawframework.com/precedents/energy-resources-and-mining/nger-and-safeguard-obligations-checklist.md) | Checklist | Yellow | Checklist for a corporate group's obligations under the National Greenhouse and Energy Reporting Act 2007 (Cth): thresholds in s 13, registration, operational control, the annual report under s 19,… |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*