---
title: "Extract greenhouse-gas figures without deciding a reporting threshold"
url: "https://ailawframework.com/practice/energy-resources-and-mining/plan-a-safeguard-facility-s-response-to-emissions-above-its-baseline/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A13-S20261018-2-US"
practice_area: "Energy, Resources & Mining"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Extract greenhouse-gas figures without deciding a reporting threshold

> From the emissions papers the lawyer supplies, copy the facility, the year, and the figure as printed, with the page. Do not decide that a report is required and do not apply an emissions baseline.

Canonical page: https://ailawframework.com/practice/energy-resources-and-mining/plan-a-safeguard-facility-s-response-to-emissions-above-its-baseline/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 | From the emissions papers the lawyer supplies, copy the facility, the year, and the figure as printed, with the page. Do not decide that a report is required and do not apply an emissions baseline. |
| What the lawyer must review | 40 C.F.R. 98.2(a) provides that the greenhouse-gas reporting requirements of that part apply to the owners and operators of a facility located 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)(1) covers a facility that contains a source category listed in Table A-3. Paragraph (a)(2) covers a facility that contains a source category listed in Table A-4 and that emits 25,000 metric tons CO2e or more per year in the combined emissions that paragraph names. Tables A-3 and A-4 were not opened. The section is a reporting rule. It is not a baseline the facility must stay under. ABA Formal Opinion 512 (29 July 2024) leaves the lawyer responsible for figures. The lawyer decides whether paragraph (a) applies. The extract does not. |
| Written for | United States |
| Applies to | [Plan a safeguard facility's response to emissions above its baseline](https://ailawframework.com/practice/energy-resources-and-mining/plan-a-safeguard-facility-s-response-to-emissions-above-its-baseline.md) |

## Checking plan

- What the AI does: From the emissions papers the lawyer supplies, copy the facility, the year, and the figure as printed, with the page. Do not decide that a report is required and do not apply an emissions baseline.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Not every facility above 25,000 metric tons is covered. Paragraph (a)(1) does not use that figure, and paragraph (a)(2) also requires a Table A-4 source category.
- The Australian safeguard baseline is not this section. The extract does not apply one.

## Sources

- [40 C.F.R. 98.2, Who must report](https://www.ecfr.gov/current/title-40/section-98.2) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (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.*