In a final rule published in the Federal Register on November 24, the Environmental Protection Agency (EPA) quietly finalized a hotly contested proposed rule, adding natural gas processing facilities to the list of industry sectors required to report their releases of certain chemicals under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA), also known as the Toxic Release Inventory (TRI). Facilities must report releases and waste management of specifically listed chemicals to the TRI if they: (1) have 10 or more full-time employees, (2) have a primary Standard Industrial Classification (SIC) or North American Industry Classification System (NAICS) code listed in the regulations, and (3) manufacture, process, or otherwise use certain listed chemicals in the course of a calendar year in quantities exceeding identified thresholds.
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PHMSA Finalizes Rule Expanding Regulation of Gas Gathering
By Catherine D. Little, Annie M. Cook & Mandi Moroz on
Just as global leaders convened in Glasgow for COP26, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a prepublication copy of its new rule (Final Rule) on November 2, 2021 that significantly expands reporting and safety requirements for operators of gas gathering pipelines, including lines that were previously unregulated. This Final Rule, along with the Environmental Protection Agency’s (EPA) proposed Clean Air Act rulemakings targeting the oil and gas sector issued the same day, serves to further demonstrate the Biden Administration’s overall commitment to action on climate change. The Final Rule requires operators to implement Part 192 requirements for certain newly regulated gas gathering lines located in Class 1 locations and requires Part 191 incident and annual reporting for all onshore gas gathering pipelines, regardless of location. These new requirements will significantly increase PHMSA’s oversight over more than 425,000 miles of previously unregulated onshore gas gathering lines.
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PHMSA Publishes Midstream Processing Guidance
By Catherine D. Little & Annie M. Cook on
PHMSA has finally published guidance to better delineate federal oversight of midstream processing facilities for public comment. The guidance, in the form of Frequently Asked Questions (FAQs), is intended to avoid gaps or overlaps in regulatory oversight of midstream facilities, particularly between PHMSA and OSHA. Comments are due by January 4, 2021. An example of the success of working groups where industry and agencies partner to provide additional regulatory clarity, the FAQs should — if finalized after notice and comment — provide more certainty to both regulated midstream processing operators and state and federal agencies.
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