EPA Moves Forward with Notice of Proposed Rulemaking on Hydraulic Fracturing Chemicals

On March 11, 2014, EPA sent an Advance Notice of Proposed Rulemaking (ANPR) on hydraulic fracturing chemicals and mixtures under the Toxic Substances Control Act (TSCA) to the White House’s Office of Management and Budget for regulatory review. The rulemaking is being conducted in response to an August 2011 petition filed by several environmental and public health organizations requesting that EPA require manufacturers of oil and gas exploration and production chemicals to maintain certain records, conduct toxicity testing, and report on health and safety studies.

In November 2011, EPA granted in part and denied in part the petition and indicated it plans to initiate a rulemaking under TSCA to obtain data on the chemical substances and mixtures used in hydraulic fracturing. The ANPR is expected to be published in the Federal Register this August.