GPA Midstream petitions EPA for reconsideration and a stay of new greenhouse gas reporting rules

Changes made to the final rules set out by the U.S. Environmental Protection Agency prompted GPA Midstream Association to ask the agency to delay implementing updates to greenhouse gas emission regulations.

The proposed rules provide revisions and a confidentiality determination for petroleum and natural gas systems, but those changes were not published in time for GPA to comment on them before the deadline. On July 12, we petitioned the EPA for reconsideration of the rule and a partial stay of implementing the rule.

The final rule also did not consider comments GPA filed on an earlier version, and the lack of action on those comments continues to raise serious concerns for GPA members. Most notable is the requirement to measure hydrocarbon liquid throughput using flow meters, which prompted the association to ask for a partial stay.

GPA is asking the EPA for new rulemaking proceedings to address the changes needed, as well as the fact that the rules do not comply with the Clean Air Act or amendments to the act that passed in the Inflation Reduction Act.

The final rule creates major obstacles to reporting greenhouse gas emissions and using empirical data. One reason for that is that the rule does not take leak repair into account. Rules on flaring are based on a single outlier study and not the empirical data called for in implementing the rules.

Also, between publication of the proposed rule and the final rule, EPA upped its estimate on costs to reporting companies from $98 million to $183 million. The true cost may be higher. GPA is pushing back because, as written, the rules will impose significant and unnecessary costs on our member companies.