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EPA Unleashes The Public On Industry

EPA has issued two final rules that provide significant rights to the public that may, and likely will, increase litigation or otherwise be used against industry. First, EPA issued the final Risk Management Program revisions which contain requirements to provide voluminous information to the public regarding the regulated substances at a facility. Second, EPA empowered ‘third-party’ notifiers to record and report “super emitter” events. Together, they create a greater possibility of agency enforcement and private litigation.

On February 27, 2024, EPA issued the “Safer Communities by Chemical Accident Prevention” rule, which added numerous provisions to the Risk Management Program. Most concerning is the addition of an obligation for a facility to provide detailed, internal information about the facility to the public.

Upon “request by any member of the public residing, working, or spending significant time within 6 miles of the fence line of a stationary source,” the owner or operator must provide, within 45 days of the request, the information specified in the rule. Of course, there is no definition or indication of how much time a person must spend within six miles to be considered significant.

The facility must provide the names of regulated substances held in a process, safety data sheets for all regulated substances located at the facility, the five-year accident history information required to be reported to EPA, information about the facility’s emergency response program, and LEPC contact information. Additionally, the facility must provide information about “declined recommendations and justifications,” such as those regarding recommendations declined from natural hazard, power loss, and siting hazard evaluations and justifications and from inherently safer technology or design measures.

The owner or operator must also provide an “ongoing notification on a company website, social media platforms, or through other publicly accessible means” that the above information is available to the public. It must also provide instructions as to how to request the information.

On December 2, 2023, EPA issued a final rule related to methane and volatile organic compounds emissions from new and existing sources in the oil and natural gas industry. While there are many problematic provisions, the most problematic could be the “super-emitter” program.

A super-emitter event is defined as any emissions event with a quantified emission rate of 100 kg/hr of methane or greater that is located at or near an oil and natural gas facility and that is detected using remote detection methods. A person may be approved by EPA to become “a third-party notifier of super-emitter events.” A person must submit certain information to EPA, such as a description of the technologies the entity will use, its standard operating procedures, and a quality management plan.

Once so certified, a third-party notifier can use specified detection methods, such as satellite detection, remote-sensing equipment on aircraft, and/or mobile monitoring platforms, to record a super-emitter event. The third-party notifier provides the information of the super-emitter event to EPA and, once EPA determines the notification is complete and accurate to a reasonable degree of certainty, the EPA will make the notification publicly available and provide the super-emitter event notification to the owner or operator. The owner or operator must initiate an investigation to determine the sources of the event and has 15 days to submit a report to EPA.

Providing information to the public relating to regulated substances and the internal operations of a facility and posting information regarding super-emitter events for public review will likely foster litigation against the regulated entities. Indeed, most of the information necessary to support a private litigant’s claim will now be readily available and easy to obtain. Instead of focusing dwindling resources on compliance and ensuring that accidents or emission events do not occur, owners and operators will now be defending lawsuits. This seems to be the result desired by EPA. Regardless, industry will soon be awash in requests, notices, internal investigations, report writing, and unfortunately additional litigation.

EPA Unleashes The Public On Industry

EPA has issued two final rules that provide significant rights to the public that may, and likely will, increase litigation or otherwise be used against industry. First, EPA issued the final Risk Management Program revisions which contain requirements to provide voluminous information to the public regarding the regulated substances at a facility. Second, EPA empowered ‘third-party’ notifiers to record and report “super emitter” events. Together, they create a greater possibility of agency enforcement and private litigation.

On February 27, 2024, EPA issued the “Safer Communities by Chemical Accident Prevention” rule, which added numerous provisions to the Risk Management Program. Most concerning is the addition of an obligation for a facility to provide detailed, internal information about the facility to the public.

Upon “request by any member of the public residing, working, or spending significant time within 6 miles of the fence line of a stationary source,” the owner or operator must provide, within 45 days of the request, the information specified in the rule. Of course, there is no definition or indication of how much time a person must spend within six miles to be considered significant.

The facility must provide the names of regulated substances held in a process, safety data sheets for all regulated substances located at the facility, the five-year accident history information required to be reported to EPA, information about the facility’s emergency response program, and LEPC contact information. Additionally, the facility must provide information about “declined recommendations and justifications,” such as those regarding recommendations declined from natural hazard, power loss, and siting hazard evaluations and justifications and from inherently safer technology or design measures.

The owner or operator must also provide an “ongoing notification on a company website, social media platforms, or through other publicly accessible means” that the above information is available to the public. It must also provide instructions as to how to request the information.

On December 2, 2023, EPA issued a final rule related to methane and volatile organic compounds emissions from new and existing sources in the oil and natural gas industry. While there are many problematic provisions, the most problematic could be the “super-emitter” program.

A super-emitter event is defined as any emissions event with a quantified emission rate of 100 kg/hr of methane or greater that is located at or near an oil and natural gas facility and that is detected using remote detection methods. A person may be approved by EPA to become “a third-party notifier of super-emitter events.” A person must submit certain information to EPA, such as a description of the technologies the entity will use, its standard operating procedures, and a quality management plan.

Once so certified, a third-party notifier can use specified detection methods, such as satellite detection, remote-sensing equipment on aircraft, and/or mobile monitoring platforms, to record a super-emitter event. The third-party notifier provides the information of the super-emitter event to EPA and, once EPA determines the notification is complete and accurate to a reasonable degree of certainty, the EPA will make the notification publicly available and provide the super-emitter event notification to the owner or operator. The owner or operator must initiate an investigation to determine the sources of the event and has 15 days to submit a report to EPA.

Providing information to the public relating to regulated substances and the internal operations of a facility and posting information regarding super-emitter events for public review will likely foster litigation against the regulated entities. Indeed, most of the information necessary to support a private litigant’s claim will now be readily available and easy to obtain. Instead of focusing dwindling resources on compliance and ensuring that accidents or emission events do not occur, owners and operators will now be defending lawsuits. This seems to be the result desired by EPA. Regardless, industry will soon be awash in requests, notices, internal investigations, report writing, and unfortunately additional litigation.

EPA Unleashes The Public On Industry

EPA has issued two final rules that provide significant rights to the public that may, and likely will, increase litigation or otherwise be used against industry. First, EPA issued the final Risk Management Program revisions which contain requirements to provide voluminous information to the public regarding the regulated substances at a facility. Second, EPA empowered ‘third-party’ notifiers to record and report “super emitter” events. Together, they create a greater possibility of agency enforcement and private litigation.

On February 27, 2024, EPA issued the “Safer Communities by Chemical Accident Prevention” rule, which added numerous provisions to the Risk Management Program. Most concerning is the addition of an obligation for a facility to provide detailed, internal information about the facility to the public.

Upon “request by any member of the public residing, working, or spending significant time within 6 miles of the fence line of a stationary source,” the owner or operator must provide, within 45 days of the request, the information specified in the rule. Of course, there is no definition or indication of how much time a person must spend within six miles to be considered significant.

The facility must provide the names of regulated substances held in a process, safety data sheets for all regulated substances located at the facility, the five-year accident history information required to be reported to EPA, information about the facility’s emergency response program, and LEPC contact information. Additionally, the facility must provide information about “declined recommendations and justifications,” such as those regarding recommendations declined from natural hazard, power loss, and siting hazard evaluations and justifications and from inherently safer technology or design measures.

The owner or operator must also provide an “ongoing notification on a company website, social media platforms, or through other publicly accessible means” that the above information is available to the public. It must also provide instructions as to how to request the information.

On December 2, 2023, EPA issued a final rule related to methane and volatile organic compounds emissions from new and existing sources in the oil and natural gas industry. While there are many problematic provisions, the most problematic could be the “super-emitter” program.

A super-emitter event is defined as any emissions event with a quantified emission rate of 100 kg/hr of methane or greater that is located at or near an oil and natural gas facility and that is detected using remote detection methods. A person may be approved by EPA to become “a third-party notifier of super-emitter events.” A person must submit certain information to EPA, such as a description of the technologies the entity will use, its standard operating procedures, and a quality management plan.

Once so certified, a third-party notifier can use specified detection methods, such as satellite detection, remote-sensing equipment on aircraft, and/or mobile monitoring platforms, to record a super-emitter event. The third-party notifier provides the information of the super-emitter event to EPA and, once EPA determines the notification is complete and accurate to a reasonable degree of certainty, the EPA will make the notification publicly available and provide the super-emitter event notification to the owner or operator. The owner or operator must initiate an investigation to determine the sources of the event and has 15 days to submit a report to EPA.

Providing information to the public relating to regulated substances and the internal operations of a facility and posting information regarding super-emitter events for public review will likely foster litigation against the regulated entities. Indeed, most of the information necessary to support a private litigant’s claim will now be readily available and easy to obtain. Instead of focusing dwindling resources on compliance and ensuring that accidents or emission events do not occur, owners and operators will now be defending lawsuits. This seems to be the result desired by EPA. Regardless, industry will soon be awash in requests, notices, internal investigations, report writing, and unfortunately additional litigation.

EPA Unleashes The Public On Industry

EPA has issued two final rules that provide significant rights to the public that may, and likely will, increase litigation or otherwise be used against industry. First, EPA issued the final Risk Management Program revisions which contain requirements to provide voluminous information to the public regarding the regulated substances at a facility. Second, EPA empowered ‘third-party’ notifiers to record and report “super emitter” events. Together, they create a greater possibility of agency enforcement and private litigation.

On February 27, 2024, EPA issued the “Safer Communities by Chemical Accident Prevention” rule, which added numerous provisions to the Risk Management Program. Most concerning is the addition of an obligation for a facility to provide detailed, internal information about the facility to the public.

Upon “request by any member of the public residing, working, or spending significant time within 6 miles of the fence line of a stationary source,” the owner or operator must provide, within 45 days of the request, the information specified in the rule. Of course, there is no definition or indication of how much time a person must spend within six miles to be considered significant.

The facility must provide the names of regulated substances held in a process, safety data sheets for all regulated substances located at the facility, the five-year accident history information required to be reported to EPA, information about the facility’s emergency response program, and LEPC contact information. Additionally, the facility must provide information about “declined recommendations and justifications,” such as those regarding recommendations declined from natural hazard, power loss, and siting hazard evaluations and justifications and from inherently safer technology or design measures.

The owner or operator must also provide an “ongoing notification on a company website, social media platforms, or through other publicly accessible means” that the above information is available to the public. It must also provide instructions as to how to request the information.

On December 2, 2023, EPA issued a final rule related to methane and volatile organic compounds emissions from new and existing sources in the oil and natural gas industry. While there are many problematic provisions, the most problematic could be the “super-emitter” program.

A super-emitter event is defined as any emissions event with a quantified emission rate of 100 kg/hr of methane or greater that is located at or near an oil and natural gas facility and that is detected using remote detection methods. A person may be approved by EPA to become “a third-party notifier of super-emitter events.” A person must submit certain information to EPA, such as a description of the technologies the entity will use, its standard operating procedures, and a quality management plan.

Once so certified, a third-party notifier can use specified detection methods, such as satellite detection, remote-sensing equipment on aircraft, and/or mobile monitoring platforms, to record a super-emitter event. The third-party notifier provides the information of the super-emitter event to EPA and, once EPA determines the notification is complete and accurate to a reasonable degree of certainty, the EPA will make the notification publicly available and provide the super-emitter event notification to the owner or operator. The owner or operator must initiate an investigation to determine the sources of the event and has 15 days to submit a report to EPA.

Providing information to the public relating to regulated substances and the internal operations of a facility and posting information regarding super-emitter events for public review will likely foster litigation against the regulated entities. Indeed, most of the information necessary to support a private litigant’s claim will now be readily available and easy to obtain. Instead of focusing dwindling resources on compliance and ensuring that accidents or emission events do not occur, owners and operators will now be defending lawsuits. This seems to be the result desired by EPA. Regardless, industry will soon be awash in requests, notices, internal investigations, report writing, and unfortunately additional litigation.

EPA Unleashes The Public On Industry

EPA has issued two final rules that provide significant rights to the public that may, and likely will, increase litigation or otherwise be used against industry. First, EPA issued the final Risk Management Program revisions which contain requirements to provide voluminous information to the public regarding the regulated substances at a facility. Second, EPA empowered ‘third-party’ notifiers to record and report “super emitter” events. Together, they create a greater possibility of agency enforcement and private litigation.

On February 27, 2024, EPA issued the “Safer Communities by Chemical Accident Prevention” rule, which added numerous provisions to the Risk Management Program. Most concerning is the addition of an obligation for a facility to provide detailed, internal information about the facility to the public.

Upon “request by any member of the public residing, working, or spending significant time within 6 miles of the fence line of a stationary source,” the owner or operator must provide, within 45 days of the request, the information specified in the rule. Of course, there is no definition or indication of how much time a person must spend within six miles to be considered significant.

The facility must provide the names of regulated substances held in a process, safety data sheets for all regulated substances located at the facility, the five-year accident history information required to be reported to EPA, information about the facility’s emergency response program, and LEPC contact information. Additionally, the facility must provide information about “declined recommendations and justifications,” such as those regarding recommendations declined from natural hazard, power loss, and siting hazard evaluations and justifications and from inherently safer technology or design measures.

The owner or operator must also provide an “ongoing notification on a company website, social media platforms, or through other publicly accessible means” that the above information is available to the public. It must also provide instructions as to how to request the information.

On December 2, 2023, EPA issued a final rule related to methane and volatile organic compounds emissions from new and existing sources in the oil and natural gas industry. While there are many problematic provisions, the most problematic could be the “super-emitter” program.

A super-emitter event is defined as any emissions event with a quantified emission rate of 100 kg/hr of methane or greater that is located at or near an oil and natural gas facility and that is detected using remote detection methods. A person may be approved by EPA to become “a third-party notifier of super-emitter events.” A person must submit certain information to EPA, such as a description of the technologies the entity will use, its standard operating procedures, and a quality management plan.

Once so certified, a third-party notifier can use specified detection methods, such as satellite detection, remote-sensing equipment on aircraft, and/or mobile monitoring platforms, to record a super-emitter event. The third-party notifier provides the information of the super-emitter event to EPA and, once EPA determines the notification is complete and accurate to a reasonable degree of certainty, the EPA will make the notification publicly available and provide the super-emitter event notification to the owner or operator. The owner or operator must initiate an investigation to determine the sources of the event and has 15 days to submit a report to EPA.

Providing information to the public relating to regulated substances and the internal operations of a facility and posting information regarding super-emitter events for public review will likely foster litigation against the regulated entities. Indeed, most of the information necessary to support a private litigant’s claim will now be readily available and easy to obtain. Instead of focusing dwindling resources on compliance and ensuring that accidents or emission events do not occur, owners and operators will now be defending lawsuits. This seems to be the result desired by EPA. Regardless, industry will soon be awash in requests, notices, internal investigations, report writing, and unfortunately additional litigation.

EPA Unleashes The Public On Industry

EPA has issued two final rules that provide significant rights to the public that may, and likely will, increase litigation or otherwise be used against industry. First, EPA issued the final Risk Management Program revisions which contain requirements to provide voluminous information to the public regarding the regulated substances at a facility. Second, EPA empowered ‘third-party’ notifiers to record and report “super emitter” events. Together, they create a greater possibility of agency enforcement and private litigation.

On February 27, 2024, EPA issued the “Safer Communities by Chemical Accident Prevention” rule, which added numerous provisions to the Risk Management Program. Most concerning is the addition of an obligation for a facility to provide detailed, internal information about the facility to the public.

Upon “request by any member of the public residing, working, or spending significant time within 6 miles of the fence line of a stationary source,” the owner or operator must provide, within 45 days of the request, the information specified in the rule. Of course, there is no definition or indication of how much time a person must spend within six miles to be considered significant.

The facility must provide the names of regulated substances held in a process, safety data sheets for all regulated substances located at the facility, the five-year accident history information required to be reported to EPA, information about the facility’s emergency response program, and LEPC contact information. Additionally, the facility must provide information about “declined recommendations and justifications,” such as those regarding recommendations declined from natural hazard, power loss, and siting hazard evaluations and justifications and from inherently safer technology or design measures.

The owner or operator must also provide an “ongoing notification on a company website, social media platforms, or through other publicly accessible means” that the above information is available to the public. It must also provide instructions as to how to request the information.

On December 2, 2023, EPA issued a final rule related to methane and volatile organic compounds emissions from new and existing sources in the oil and natural gas industry. While there are many problematic provisions, the most problematic could be the “super-emitter” program.

A super-emitter event is defined as any emissions event with a quantified emission rate of 100 kg/hr of methane or greater that is located at or near an oil and natural gas facility and that is detected using remote detection methods. A person may be approved by EPA to become “a third-party notifier of super-emitter events.” A person must submit certain information to EPA, such as a description of the technologies the entity will use, its standard operating procedures, and a quality management plan.

Once so certified, a third-party notifier can use specified detection methods, such as satellite detection, remote-sensing equipment on aircraft, and/or mobile monitoring platforms, to record a super-emitter event. The third-party notifier provides the information of the super-emitter event to EPA and, once EPA determines the notification is complete and accurate to a reasonable degree of certainty, the EPA will make the notification publicly available and provide the super-emitter event notification to the owner or operator. The owner or operator must initiate an investigation to determine the sources of the event and has 15 days to submit a report to EPA.

Providing information to the public relating to regulated substances and the internal operations of a facility and posting information regarding super-emitter events for public review will likely foster litigation against the regulated entities. Indeed, most of the information necessary to support a private litigant’s claim will now be readily available and easy to obtain. Instead of focusing dwindling resources on compliance and ensuring that accidents or emission events do not occur, owners and operators will now be defending lawsuits. This seems to be the result desired by EPA. Regardless, industry will soon be awash in requests, notices, internal investigations, report writing, and unfortunately additional litigation.