The U.S. Environmental Protection Agency (EPA) recently issued a final rule that changes the type of information owners or operators of facilities must submit as part of their hazardous-chemical reporting obligations under the Emergency Planning and Community Right-to-Know Act (EPCRA). Under EPCRA, natural-gas operators may be required to report the presence of hazardous chemicals (such as hydraulic fracturing fluids) at an operation. In the past, natural-gas operators have been penalized for failing to adhere to these reporting requirements.

EPA’s new rule is important for covered natural-gas operations because, effective January 1, 2014, it revises emergency and hazardous chemical inventory forms to require additional information for reporting. Operators subject to reporting requirements will need to use updated inventory forms for the 2013 reporting year (due on or by March 1, 2014). Because of this change at the federal level, operators subject to EPCRA reporting should monitor potential state-level responses. State agencies that currently use the federal inventory forms will either use the revised forms or adjust their requirements to keep pace with the federal standards. Likewise, other states with their own reporting forms may respond to require similar information. For example, Pennsylvania has its own forms which likely require updates to incorporate the new federal standards.

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