UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON , D.C. 20460

. 

## NOV 23 

## 2011

OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION Ms

. Deborah Goldberg Earthjustice 156 William Street, Suite 800 New York, NY 10038 Dear Ms. Goldberg: Re: TSCA Section 21 Petition Concerning Chemical Substances and Mixtures Used in Oil and Gas Exploration or Production The U.S. Environmental Protection Agency (EPA) is responding to the petition concerning chemical substances and mixtures used in oil and gas exploration or production that you and other petitioners filed under section 21 ofthe Toxic Substances Control Act (TSCA) on August 4, 20 11. Your petition requests that EPA require manufacturers and processors ofE&P chemical substances and mixtures to 1) develop test data pursuant to TSCA Section 4, and 2) and maintain records and submit reports to the EPA on E&P chemical substances and mixtures and any data on environmental or health effects and exposures pursuant to TSCA section 8(a)

. Further, it requests that EPA have manufacturers, processors and distributors 1) submit copies ofany information related to significant adverse reactions to health or environment pursuant to TSCA section 8(c), and 2) submit health and safety studies related to E & P chemical substances and mixtures pursuant to TSCA section 8(d). OnNovember 2, 2011 EPA provided an initial response to the petition. In that response, EPA denied the TSCA section 4 request for issuance ofa test rule because the petition does not set forth sufficient facts to conclude that it is "necessary to issue" the requested TSCA section 4 rule, as required by TSCA section 21(b)(1). My letter further indicated that we were continuing to evaluate the remainder ofthepetition and would need until November 23 to complete that evaluation. EPA has now decided to partially grant the TSCA section 8(a) and section 8(d) requests in the petition. We believe there is value in initiating a proposed rulemaking process using TSCA authorities to obtain data on chemical substances and mixtures used in hydraulic fracturing. We intend to provide ample opportunity for dialogue and input about the design and scope of TSCA reporting requirements

. As the first step, EPA will convene a stakeholder process to develop an overall approach that would minimize reporting burdens and costs, take advantage of existing information, and avoid duplication ofefforts

. This dialogue will also focus on how the information reported could be best aggregated and disclosed to maximize transparency and public understanding. States, industry and public interest groups would be full partners in this discussion.

Internet Address (U RL) • http ://www

.epa
.gov Recycled/Recyclable' Printed with Vegetable Oi l Based Inks on 100% Postconsumer

. Process Chlorine Free Recycled PaperTo facilitate public comment, we will publish an advance notice ofproposed rulemaking identifying key issues for further discussion and analysis. These efforts to gather information will inform EPA's proposal, but given efforts underway, our expectation is that the TSCA proposal would focus on providing aggregate pictures ofthe chemical substances and mixtures used in hydraulic fracturing. This would not duplicate, but instead complement, the well-by-well disclosure programs ofstates. Your petition also requested that EPA invoke TSCA authorities to collect information on chemicals used in the E&P sector in addition to those used in hydraulic fracturing. While we are denying this aspect ofyour petition, EPA will continue to review chemicals used in the E&P sector. As the President's Blue Print for A Secure Energy Future describes, natural gas is an important component ofour domestic energy pOlifolio. The Blue-print also outlines the need for disclosure to improve public confidence and knowledge. We firmly believe that the development ofour natural gas resources can continue to evolve responsibly, building offthe important work that has already been done by the states, the industry and others to disclose crucial information to the American public. Thank you for your continued interest in the Agency's efforts to assess and manage chemical risks.