On November 24, 2021 (86 FR 66953) EPA finalized the rule to add natural gas extraction and/or processing plants [SIC 1321 (Natural Gas Liquids) / NAICS 211130 (Natural Gas Extraction)] to the scope of industrial sectors subject to EPCRA (Emergency Planning and Community Right-To-Know Act) Toxics Release Inventory (TRI) reporting.
EPA used their EJSCREEN tool to review NGPs as part of the rule making process, in keeping with Executive Order 14008, February 1, 2021, and demonstrating their renewed commitment to the Environmental Justice (EJ) review methods. This process identified EJ considerations related to NGP facilities located within a 3-mile radius of the NGPs. In addition, with this expansion of the TRI reporting rule, EPA was responding to a petition from the Environmental Integrity Project and other entities requesting addition of NGPs to the TRI reporting requirements.
NGPs deal with over 21 TRI-covered chemicals. Accordingly, TRI reporting by at least 282 NGP facilities in the United States would meet the TRI thresholds for at least one of the TRI-listed chemicals. Furthermore, these facilities would provide a significant amount of release and waste management data that would increase the amount of information available to the public and further the purposes of TRI.
Related Services
Industry should conduct a careful review of all industrial processes to identify and document any Section 313 chemicals or chemical categories which exceed a TRI activity threshold (manufacturing, processing, or otherwise use). TRI reporting facilities report on how the TRI chemical is managed as waste, including onsite releases, treatment, energy recovery, recycling of the TRI chemical and offsite transfers, and pollution prevention activities that are conducted at the facility for that chemical.
TRI reporting requirements are determined by activities at “facilities”. To fulfill the requirements for TRI reporting, industry needs to meet all three criteria to trigger reporting:
- Primary NAICS code determination at facility level
- Employee threshold determination at facility level
- Chemical threshold determinations made at facility level
Industry should carefully review this EPCRA definition of “facility” with respect to operations, as it may include more than one “establishment”, i.e., a separate legal business entity owned or operated by the same “person”. Facility can also draw in other co-located, contiguous or adjacent support facilities that otherwise do not currently recognize reporting requirements, and each considered to be a unique and separate economic unit. Together, these establishments comprise a single facility under TRI if they are owned or operated by the company or agency.
The definition of “facility” includes:
“…all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person which controls, is controlled by, or under common control with, such person).”
TRI Reporting for these newly added facilities is due July 1, 2023, for the calendar reporting year beginning January 1, 2022.
Footnote:
Natural gas (NG) processing facilities are stationary, surface facilities that receive gas from a gathering system that collects raw natural gas from off-site wells. These facilities prepare the gas to meet industrial or pipeline specifications and extract heavier liquid hydrocarbons from the raw or field natural gas. This processed pipeline-quality natural gas is then transferred to consumers via intra- and inter-state pipeline networks. Natural gas liquids and contaminants separated from the natural gas during the processing are sent downstream to petrochemical manufacturers and refineries, released, or otherwise handled or treated.
Sharing Our Perspectives
Our practitioners share their insights and perspectives on the trends and challenges shaping the market.
EPA Issues Regulations for Oil and Natural Gas Sector Tank Emissions
April 30, 2024
Storage Vessel or Tank Battery Operators Must Reduce Emissions by 95%.
PHMSA Gas Transmission RIN2 Rule Now Effective
July 24, 2023
TRC summarizes the revised or added sections of RIN2.
EPA Proposes Regulation of Green House Gas Emissions
July 10, 2023
This article highlights the EPA’s proposed rules to regulate greenhouse gas emissions from power plants and the potential impact on new and existing fossil fuel-fired facilities.
EPA Issues Clarification of Free Product Removal Requirements
June 20, 2023
EPA recently clarified requirements for LNAPL recovery and remediation.
Modernize Your Field Services with GIS and Work Order Management Combined
June 15, 2023
The role of field service management continues to dominate the world economy, as the market grows at an exponential rate. The market was estimated at 3.2 billion in 2021 and is projected to reach 5.7 billion by the end of 2026.
PHMSA Issues Gas Gathering Final Rule Summary & Requirements
November 30, 2021
PHMSA announced that they issued a final rule that significantly expands Federal pipeline safety oversight to all onshore gas gathering pipelines.
The Price of Natural Gas: Onward and Upward or Just a Temporary Blip?
November 12, 2021
Most industry experts agree that weather aside, the global energy and gas markets are likely to remain uncertain with supply and market demand becoming tighter and more challenging to forecast.
2021 EPA TRI Reporting Requirements for Natural Gas Processing Facilities
July 12, 2021
Indication EPA finalizing a rule to add natural gas extraction or processing plants to EPCRA Toxics Release Inventory (TRI) reporting.
PHMSA Protecting our Infrastructure of Pipelines and Enhancing Safety (PIPES) Act of 2020
June 11, 2021
PHMSA announced it has submitted an advisory bulletin underscoring to pipeline and pipeline facility operators requirements to minimize methane emissions.
DHS Announces New Cybersecurity Requirements for Critical Pipeline Owners and Operators
June 3, 2021
The Security Directive will require critical pipeline owners and operators to report confirmed and potential cybersecurity incidents.
TCEQ to Assume Oil and Gas Wastewater Permitting from RRC
January 11, 2021
Historically, the Railroad Commission of Texas has been responsible for wastewater permitting of upstream oil and gas facilities under a Memorandum of Understanding with the Texas Commission on Environmental Quality.
INGAA Foundation Interview with Lauren O’Donnell
June 22, 2020
TRC’s own Lauren O’Donnell is currently the elected Chair of the INGAA Foundation. The Foundation’s primary activity is to sponsor research aimed at promoting natural gas use and safe, efficient pipeline construction and operation.
NERC Calls for New Approach to Reliability Planning Due to Gas Supply Disruption Risks
December 14, 2017
A recently published NERC report concludes that as reliance on natural gas to meet electric generation requirements increases, additional planning and operational measures must be considered to mitigate power system reliability risks.
The Power of Precision: Quality Control Tactics for Utility Construction Success
February 14, 2025
In today’s digital age, data centers form the backbone of cloud computing, artificial intelligence and the vast array of digital services we rely on daily. As the demand for data centers rises, companies are racing to expand these facilities.
The Importance of Effective Construction Management in Data Centers
January 7, 2025
In today’s digital age, data centers form the backbone of cloud computing, artificial intelligence and the vast array of digital services we rely on daily. As the demand for data centers rises, companies are racing to expand these facilities.
Planning for Construction Project Success: Common Challenges and How to Overcome Them
September 19, 2024
Construction project planning and scheduling are critical but complex processes that can lead to delays, cost overruns and quality issues. Success requires proper stakeholder communication, resource management, safety prioritization, regulatory compliance and innovative tools and techniques throughout the project’s life, from start to completion.
EPA Issues Regulations for Oil and Natural Gas Sector Tank Emissions
April 30, 2024
Storage Vessel or Tank Battery Operators Must Reduce Emissions by 95%.
EPA Issues Clarification of Free Product Removal Requirements
June 20, 2023
EPA recently clarified requirements for LNAPL recovery and remediation.
2021 EPA TRI Reporting Requirements for Natural Gas Processing Facilities
July 12, 2021
Indication EPA finalizing a rule to add natural gas extraction or processing plants to EPCRA Toxics Release Inventory (TRI) reporting.
TRC’s Reporting Tool Can Help Identify New PFAS under the TRI
May 19, 2020
While utilities often work in technical silos, NERC auditors are trained to cross check compliance evidence and data between interrelated standards.
Security Stew: How to Follow the Federal Regulatory Recipe for Safe Chemical Storage
September 19, 2017
Three different federal agencies regulate the storage of chemicals at facilities in the United States – and each for different reasons. Learn about the various rules from the alphabet soup of agencies (DHS, EPA and OSHA) involved and how to keep your business compliant.
