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 of the Toxic Substances Control Act (TSCA) on August 

4, 20 11. Your petition requests that EPA require manufacturers and processors of E&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 of any 

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). 

On November 2, 2011 EPA provided an initial response to the petition. In that response, 

EP A denied the TSCA section 4 request for issuance of a 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 ofthe petition and would need until November 23 to complete that 

evaluation. 

EP A 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 of efforts. 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 (URL) • http://www.epa.gov 

Recycled/Recyclable' Printed with Vegetable Oil Based Inks on 100% Postconsumer. Process Chlorine Free Recycled Paper 
To facilitate public comment, we will publish an advance notice of proposed 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 of the 

chemical substances and mixtures used in hydraulic fracturing. This would not duplicate, but 

instead complement, the well-by-well disclosure programs of states. 

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 of your 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 of our domestic energy pOlifolio. The Blue-print also outlines the need for 

disclosure to improve public confidence and knowledge. We firmly believe that the 

development of our 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.