USEPA to Require Toxic Release Reporting for Natural Gas
Processing Plants
With the recent shale gas boom and expansion of hydraulic fracturing, the number of oil and gas (O&G) facilities
across the U.S. has increased dramatically, including upstream (wells, storage tanks, and impoundments) and
midstream facilities (compressor stations, natural gas processing plants and natural gas liquids fractionators).
Simultaneously, the volume and variety of chemicals used by the O&G sector has increased significantly, leading
to expanded regulatory scrutiny.
Under new rules from the U.S. Environmental Protection Agency (USEPA), natural gas processing plants will now
be required to meet Toxic Release Inventory (TRI) reporting thresholds. Complying with these additional
requirements may be more time consuming, complex and costly. While a formal schedule has not yet been set,
USEPA expects reports to be filed annually on July 1. It is not too soon to prepare now to ensure your facility has
the resources and technical expertise to properly complete TRI reports.
Background
In October 2012, the Environmental Integrity Project (EIP) and 16 other organizations filed a petition with the
USEPA requesting that the O&G sector report toxic releases under Section 313 of the Emergency Planning and
Community Right-to-Know Act (EPCRA), commonly known as the Toxics Release Inventory. The petitioners
allege the O&G extraction sector is one of the largest sources of toxic releases; emitting 127,000 tons per year of
hazardous air pollutants (hydrogen sulfide, benzene, toluene, ethyl benzene, xylenes). Of interest, back in June
1996, USEPA reviewed the O&G sector and decided not to require TRI reporting for these facilities.
On October 22, 2015, USEPA agreed that numerous processes within the O&G extraction sector are associated
with significant quantities of TRI-listed chemicals. However, of the entire O&G sector, USEPA only agreed to
commence proposed rulemaking to add natural gas processing plants to the TRI program. USEPA estimates
about half of the 517 natural gas processing plants in the US would meet the TRI reporting thresholds.
USEPA has not released a timeframe for issuing proposed rules on this expanded TRI reporting for natural gas
processing plants but compliance could come due as early as July 2016.
Natural gas processing plants that employ fewer than ten people, or do not manufacture, process or otherwise
use a TRI-listed chemical in excess of its TRI reporting threshold are not covered by this new requirement.
For more information, please contact: Stephen Ellingson, Sr. Client Service Manager, 770.270.1192 ext. 112,
[email protected] or Melissa Hart, Sr. Client Service Manager, 314.241.2694, ext.18, [email protected].
What is the Toxics Release Inventory?
TRI was developed to provide the public with information on the release of toxic chemicals in their communities.
TRI is a resource for learning about toxic chemical releases and pollution prevention activities reported by
industrial and federal facilities. TRI data support informed decision-making by communities, government
agencies, industries, and others. This data is designed to be easily accessible and utilizes web-based tools to
provide analyses, downloading and visualization of chemical data used at industrial facilities.
Specific industrial facilities with ten or more full-time or equivalent employees which manufacture, process or
otherwise use TRI-listed chemicals or chemical categories in excess of threshold quantities, must report annually
to the USEPA and to the State in which the facility is located. These detailed reports address releases of TRI–
listed chemicals or chemical categories to air, land, water; on- and off-site waste disposal, as well as waste
management, recycling, energy recovery, and pollution prevention activities. Because the reports are publically
available, facilities now required to report may face public scrutiny they have not previously had to contend
with.
For more information, please contact: Stephen Ellingson, Sr. Client Service Manager, 770.270.1192 ext. 112,
[email protected] or Melissa Hart, Sr. Client Service Manager, 314.241.2694, ext.18, [email protected].
How to Prepare
It is important to carefully follow USEPA’s TRI rulemaking process and stay informed of regulatory developments
that may impact your facility’s ability to continue operations.
Navigating the rules, regulations, exemptions, and definitions to ensure that calculations, methodologies,
applicability assumptions, and applicable forms are accurate and up-to-date will take time, resources and skill.
An independent consultant can help you prepare TRI threshold determination calculations, release and waste
management calculations, and file TRI reports.
In addition, an independent review of draft TRI calculations and documentation using senior quality
assurance/quality control (QA/QC) engineers, assures accuracy and oversight prior to submission of TRI reports.
Because of the overlap between the TRI and other reports (hazardous waste reports, air emission inventory
reports, Tier II reports, wastewater discharge reports, etc.), verifying consistency across these requirements and
eliminating duplication of effort is critical.
It will be helpful to audit your current programs to assure they meet reporting and recordkeeping requirements.
Should potential TRI gaps be discovered, you will need to prepare and submit voluntary audit disclosures using
USEPA’s new eDisclosure system. Retroactive reporting, including revisions to past submittals may be needed.
TRI reporting can be very calculation-intensive and involves a thorough understanding of facility operations to
the applicable rules. USEPA may assess fines of up to $37,500 per day, per violation, if not completed correctly
and in a timely manner.
For more information, please contact: Stephen Ellingson, Sr. Client Service Manager, 770.270.1192 ext. 112,
[email protected] or Melissa Hart, Sr. Client Service Manager, 314.241.2694, ext.18, [email protected].