I.**AL "'!'** **I(~** tA ti FOli lll A flaR IOA MID · pf, Cl nC**NOln EA~** **t** , I OR T H::1 1Il ROC KIES U Q RT II Wi S T ROCKY Mourll A HI WAS IlIfI GTQ Il . nr. I II Tr RH ATl OfO .L

August 4,2011 BY HAND DELIVERY ( Lisa P. Jackson, Administrator Environmental Protection Agency Ariel Rios Building 1200 Pennsylvania Avenue, NW Washington, D
.C. 20460 Re: Citizen Petition under Toxic Substances Control Act Regarding the Chemical Substances and Mixtures Used in Oil and Gas Exploration or Production Dear Administrator Jackson: The undersigned organizations ("Petitioners") hereby petition the U.s. Environmental Protection Agency ("EPA") pursuant to section 21 of the Toxic Substances Control Act ("TSCA"), 15 U.s.c. 

### § 2620, to promulgate rules protecting public health and the environment from the serious risks posed by chemical substances and mixtures used in oil and gas exploration or production ("E&P Chemicals"). Specifically, Petitioners request that EPA adopt a rule under TSCA section 4, requiring that manufacturers and processors of E&P Chemicals conduct toxicity testing of all E&P Chemicals and identify all chemical substances and mixtures tested. Sec id. 

### § 2603. Petitioners also seek promulgation of a rule under TSCA section 8, requiring maintenance and submission of various records related to E&P Chemicals, calling in records of allegations of significant adverse reactions to E&P Chemicals, and requiring submission of all existing health and safety studies related to E&P Chemicals. See id. 

### § 2607(a), (c), (d). Rulemaking under TSCA sections 4 and 8 is necessary to ensure that the health and environmental risks posed by E&P Chemicals are fully understood. EPA and the public lack adequate information about the health and environmental effects of E&P Chemicals, which are used in increasing amounts to facilitate the rapid expansion of oil and gas development throughout the United States. Within the next 20 years, the U.s. Department of Energy expects gas production to increase by more than four trillion cubic feet,' which could translate into the drilling of more than 60,000 wells in the Marcellus Shale in Pennsylvania alone. z 

## on production, too, is on the rise for the first time in ov e r 20 years, as a

>+ All documents cited in the following footnotes are reproduced on the enclosed CD-Rom . I U.S
. Dep'l of Energy, u.S. Energy Info. Admin., Annual Energy Outlook 2009, 77 (Mar
. 2009), amilable al http://www.eia.doe.gove/oiaf/aeo/pdf /trend3.pdf
. 2 See Nels Johnson, PCllllsylvnllin Ellcrgy Il1Ipa c ts A S SCSS IIlClli, Report 1: lvlnrcellus Shale NnhfrnI Gas ami WhIrl, NATU RE C O NSERVANCY, 12 (Nov. 15, 2010), http://www.nature.org/media/pa/ In c

_energy_",lOly s is
. pdf.

156 WILLIAM STREET, SUITE 800 NEW YORK, NY 10038-5326 T; 212.791.1881 F: 212.918.1556 E : neoffice@earthjustice.org W : www .e arth]u s t l ce.orgre s ult of the recent e xploitation of unconventional play s such as the Bakke n a nd Niobrara Sh a les. Th e growth of the oil and gas industry is attributable to the w id es pre a d u se o f hydraulic fracturing, a techno logy that invo lv es hi g h-pr ess ure injection of a mi x of fluid s, sa nd, and chemicals to stimu late the relea se of oi l and ga s from unconventional form at ion s . Oil a nd gas development requires the use of both drilling muds, which are used to shorten drilling time and lubricate the drill bit, and fracturing fluids, whic h are used to create fractures in the formatio n a nd to hold the fractures open to release th e o il and gas . Drilling mud s and frac turin g fluids r e quire s imilar classes of chemical a dditi ves, including proppants, acids, brea ke r s, bactericides, biocides, clay stabilizers, corrosion inhibitors , cros s linkers, friction reducers , gelling age nts , iron control s, s cale inhibitors, and s urfacta nts .' W e ll operator s vary the chemical additives that they u se, ba se d upon the characteristics of the well and production objectives.' M o re than ten thou sand ga ll ons of E&P Chemical s may be u se d to fracture a s in g le w e ll S Und e r the current regulatory scheme, manuf ac turers, proces so r s, and distributors place substa ntial quantities of E&P Chemical s into commerce without first di s cl os in g the chemicals'**i~entity,** to x icity, or health and environmental impacts. Chemical manufacturers and processo rs are, moreover, under no obligation to conduct toxicity te s ting or to develop or provid e health and safety data for E&P Chemicals. As a result, the public l acks ad e quate information to evaluate the risks of harm to h ea lth and the environment posed by ex po s ure to E&P Chemicals. Mounting rep o rts of h arm caused by E&P Chemica ls, includin g injury to peop le, animals, and aquatic life, and degradation of air, water, and so il quality, d e monstrate th a t unregulated E&P Chemicals may present an unrea s onable ri sk of h a rm to health and th e e nvironm e nt. Congress enacted TSCA to ensure the availability of "adequate data " on the health and environmental effects of chemica ls and "to assure that
... chemical s ub s ta nces and mi x ture s do

.. See N.Y. Dep't of Envtl. Conservation, Div . of Mineral Res., Draft Supplemental Ge ne ri c Environmental Impa ct Statement on the Oil, Gas, and Solution Mining Regulatory Prog ram, 5-45 to 5-51 (2009), a vailal,l e at ftp://ftp.dec.state.ny.us/dnm/downl oad/OGdSGEISFull.pdf (hereinafter "DSGEIS"); Ronald E. Bishop, Ph.D., C/lt!llIicnl ami Biological Ri sk Assess llle" t/or Nnlllrni Gas Extractioll ill New YOl'k,]] (M a r. 2 8, 2011) , http://www.ge.tt/# 2VfEsZw(statingtl. at "most hydraulic fracturing additives are also u se d in drilli ng fluid s (or 'muds'n.

, DSGEI S, sllpm note 3, at 5-33 to 5

-34, 5-99. 5 Sct..' irl. a t 5-34 (explain in g that fra c turin g fluids typically are composed of 98 perce nt fres h water and sa nd and two percent chemicals), 5-92 to 5 - 93 (s tating that th e entire multi- s tLi ge fracturing o p era tion for a s ingl e we ll requires between 2.4 and 7.8 milli o n ga ll ons of water) ; cf Travis Madsen, J o rd an Schn e id e r & Erika St.af , III tile Simriow o f tile Mar cel/lis BOOIII, PENN ENV IRONMENT RESEA RCH & P O

LI CY CTR. , 1 6 (May 2011), http ://www. pelmenvi ronment.org/upl oads/49/f 3/49 f 38a4 5f956d5 8a2 1Od7e24a 17ec26a/1 n-the

Shadow-of-the-Marcellus-Boom.pdf (estimating th at o ne gas we ll that requires three milli on ga llon s o f fluid would r e quire approximatel y 250,000 pounds of chemicals). 

### - 2

­ 156 WILLIAM S TREET , SU ITE 800 NEW YORK, N Y 10038-5326 T : 2 1 2791 .1881 F: 212.918.1 556 E : n eo ffi ce@ e ar th j ust i ce.org W : www.earthjust lce .orgnot present an unreasonable risk of injury to health or the environment.'" At present, EPA and th e public lack adequate data about the identity of E&P Chemicals, the numb er of E&P Chemica ls in commerce, significant adverse reactions posed by E&P Chemicals, and h ea lth an d env iro nmental hazards, exposures, and risks posed by E&P Chemicals. Petitioners request that EPA ens ure that E&P Chemicals do n ot present an unreasonable risk of harm to h ea lth and the env ironm e nt by promulgating rules und er TSCA sectio ns 4 and 8. I. Neither EPA's Study of the Potential Drinking Water Impacts of Hydraulic Fracturing nor a Voluntary Online Chemical Registry Is a Substitute for Rulemaldngs Under TSCA Sections 4 and 8. EPA and other organizations recently have made attempts to address increased public concern about the potential ri sks to h ealth and the environment po se d by E&P Chemicals. EPA currently is conducting a study of the potenti a l impacts of hydraulic fracturing on drinking water so urce s. 7 In addition, the Groundwater Protec tion Council ("GWPC") an d the Inters tate Oil and Gas Compact Commission ( "IOGC C") recently created an online registry whereby well operators may voluntarily disclose the chemicals they use in their fracturing ope ration s.' Neither EPA's study nor the voluntary registry imposes enforceable requirements upon manufacturers, processors, or distributors of E&P Chemicals, and rulemakings pursuant to TSCA sections 4 and 8 are necessary to fill this gap. A. EPA's Study EPA 's s tudy of the possible re la tionship s between hydraulic fracturing and drinking water will not replace rulemakings under TSCA sectio ns 4 and 8. Although E&P Chemicals do threa ten drinking water supplies, their potential to cause harm to health a nd the environme nt does not sto p there' E&P Chemicals also threaten human health when they become airborne, and th ey po se sig nificant risks of h a rm to soil quality, habitat for both terre s trial and aquatic wildlife, a nd the healthy functioning of complex ecosystems.

" 15 U.S.c. §§ 2601 (b)(l), (3) (2006). 7 See EPA, Office of Research and Dey., Draft Plan to Study the Potential Impacts of HydrauliC Fracturing o n D rinking ';Vater Resources, at vii (Feb. 2011), available at http://water.epa.gov/type/groundwater/uic/class2/hydraulidracturing/uploadIHFStudyPlanDraft_SAB_O 20711.pdf (hereinafter "EPA Study") ("The overa ll purpose of this study is to und erstand the relationship between hydraulic fracturing and drinking water resources."). S See GWPC & IOGCe. FracFocus Chemical Disclosure Registry, http: //f radocus.o rg!(la st visi t ed Aug. 2, 2011). <} S

ee EPA S tud y. s lIprn note 7, at viii ("EPA recognizes that there are important potential research llreas r e lat ed to hy draulic fracturing other thlln th ose involving drinking wllter resources, includin g e ff ects on air quality, aquatic and terrestrial ecosystem impacts, seismic risks , publi c safety concerns, occupational risks, and economic impacts. These topics are o utsid e the scope of the current s tud y, but should be exam in ed in the fu ture. ").

- 3 ­
156 WILLIAM S TREET, SUITE 800 NEW YORK. NY 10038- 5326 To 2 12.791.1881 F , 2 1 2.918. 1 556 E: neoff i ce@earth j ustice.org W: wVlw.earth]ustice.orgTo facilitate its study, EPA dire cte d inform a ti o nal requests to nine hydrau lic fracturing serv ice providers, yet onl y five of those service providers a ls o m a nuf actu re o r proces s E& P Chemicals.'" By relyi ng large ly on se r vice prov iders to re lay seco nd -hand informati o n from manufacturers, EPA's requ ests f a il to re ac h m a ny o f those responsible f or intro ducing E&P Ch e mi ca ls into commerce in the fir s t p lace. II Because manufacturers of E&P Chemic a ls ofte n di sclose minimal information abou t produ c t co mp os itions to their cu s to me rs , any r es pon ses s ubmitte d by the service providers a re lik e ly to b e in co mplete." Service provid ers , moreover, frequently resist disclosure
. In fact, no n e of se rvice providers respo nd ed to EPA's re qu es t within th e 3D-day deadline estab li s h e d in th e le tters , and o ne of them - H alliburto n - promi se d compliance only after EPA subpoenaed th e in fo rm ation. EPA's s tud y falls s hort of TSCA rulemakings because it w ill n o t req uire m anufa c turers and p rocessors of E&P Chemical s to ta ke proac ti ve efforts to conduct te s ting or to develop h ea lth a nd safety da ta n ee d e d to eva lu a t e th e health and e n viro nmental ri s ks of their subs ta n ces and mixtures. In s te ad, EPA's s tudy s imply requires service providers to gather inf o rmation ava il ab le to th em - much of which is ob ta ined from the manufacturers - and s ubmit it to EPA. EPA then will und ertake its own effo rts to eval u a te th e information submi tted to d ete rmine th e effe cts of hydraulic fracturing o n drinking water supp lies. Rulemaking s under TSCA se ctions 4 and 8, on the other hand, would hold manufacturers and pro cessors of E&P Chemicals res ponsible for gathering inf orm ation, testi n g their products, and d eve lopin g and s ubmittin g h ea lth and sa fety reports." B. The Voluntary Registry The GWPC and the IOGCC rece ntl y created an online regi s try through w hi ch we ll o p erators m ay voluntarily di sclose th e chemica ls that they use in hy drauli c fr ac turing of o il a nd

11 ) E PA issued vo luntary informati o n req ues t s to t he fo ll owing nine natural gas se rvic e compan ies: B } Servic es , Co mpl ete P roduction Services, H alliburton, Key Energy Service s, Patte r so n-UT1, PRe, Inc. , Schlumbergef, Superior Well Se rvi ces, and Weat herfo rd. S ec Press Rel ease, EPA, EPA Forma ll y R eq ues ts In forma ti on from Companies A bo ut Chem icals U se d in Natural Gas Extraction (S e pt. 9, 2010), http ://yo se mite.epa.gov/opa/admpress. ns f /e77fdd4f5afd88a3852576b3005a604f/e c5 7125b6635 3b 7e85 25779 9005c1d64 !OpenDo cument. Only five of th e co mpani es - BJ Services, Inc., Halliburton, Schlumb er ge r , Superior Well Services, and vVe[lth e rf ord - [l I sa funct ion as m anufacture r s or proc esso r s o f E&P Chemica ls. EPA did not serve informatio n requests o n other manufacturers and processors o f E& P Chemica ls, s uch as Cudd Energy Serv ices, Nalco Energy Se r vices, Sanjel USA , and A quan ess Che mi ca l. " See TEDX, Health Effects Summary State ment, 5 (Jan
. 27 , 2011), http://www .endocr inedi s rupti o n.co m/ che mical s. multi s tate. php (follo w link t o "summ ary s t ate m e nt " ) (ex pl ainin g that drilling and f ra c turin g co ntracto r s co mpanies large ly rel y on inf o rm a ti o n from chemical manufacture r s w hen respond in g t o r e ques t s abo ut th e identity of the c he mi cal s th ey use at we ll s ites). " lrl
. "See 15 USc. § 260 1(b)(l).

- 4

­ 156 WILLIAM S TREET
. SU ITE 800 NEW YORK. NY 10038 - 5326 T : 2 12791 . 1881 F : 212.91 8. 1 556 E: neoffice@ea rth j ustice. o rg W : www.earth j ustice o r ggas wells." Well operators that choose to u se the reg is try ha ve the opportunity to upload a va ri ety of information about the c hemi ca ls they us e at each well, including th e ir functional purposes, in gredie nts, concentrations, and CAS num bers." T hi s voluntary registry is designed to a ll ow th e public to id e ntif y the chem ica ls being used at spec ific wells

- a t least those chemicals that are voluntarily di s cl o s ed. Like EPA's study, the volunt ary reg is try is not aimed at th e m anufacturers, processors, and di s tributors of E&P Chemical s who are a nswe rabl e under TSCA. M o reove r, the registry does not impose any enforcea bl e requ irements upon the \' ve ll own e rs a nd ope rat ors that lllakeor choose not to make

- vollUltary disclosures. Because the regi s try is ba se d upon voluntary disclosures, operators may c hoos e to disclose only tho se chemical s posing th e leas t risk to health and the environme nt, and the public co uld rece ive misleading or se lectiv e information. II. RuJemakings Under TSCA Sections 4 and 8 Are Necessary to Fill Significant Gaps in Federal Regulation of E&P Chemicals. Federal agencies hav e extreme ly limite d authority to regulate E&P Chemicals." Hydraulic fracturing is exempt from regulation und er the Underground Inj ec ti on Control p rogra m of the Safe Drinking Water Act, excep t when injected fluids contain di ese l fuel." Were hydraulic fracturing not specifically excluded from the definition of "und ergro und inj e ction:' the oil a nd gas industry would be re quired to di s close in mandatory p e rmit applications the "so urce and analysis of th e physical and chemical characteristics" of all of th e chemicals inj e cted below ground to stimulate oil and gas productio n. " Thi s exemption , commo nl y known as the
" H a ll iburto n Loophole:' allows the oil a nd gas indu s try to conceal chemical formulas and to inj ec t to xic fluids near drinkin g water s uppli e s without EPA oversight."**~** See Frac Focus Chemical Di s cl os u re Registry, sl/prn n ote 8.**1.~** The Ch e mi ca l Abstracts Service is a division o f th e Am e rican Chemical Society and the "world s [sic ] iJuth ority for chemical information." CAS, FAQ List and Info rmation for N ew Vi sitors, http ://www.cas.org/aboutcas/fag
.html(l ast vis ited Aug. 2, 2010). A CAS Numb er "prOVides un un ambiguous way to identify a chemical s ub sta n ce or m o lecular structure wh e n there are m any p oss ible systematic, ge n eric, proprietary, or trivial mimes." hi. 1 6 See Memo randum from H e nry A. Waxman & Edw ard 

### 1
. Markey to Memb e r s o f th e Subcommittee on Energy and Environment, Examining the Pote ntial Impact o f H y drauli c Fracturin g. 2 (Feb. 18, 2010) , mmilnble nt http ://demo cra ts.energyco mm erce
. h OLI s e.gov / Press_l11 /20 100218 /**ydrilu lic** **_frad urin~memo** **pdf .**  " 42 U.s. c. § 3 00h(d)(1)(B}(ii). 18 EPA Form 752 0· 6: Underground Injection Control Pe rmit Applicati on, 5 (rev. Dec . 2008) , available at http ://www.e pa .gov/s af ew ater/uic/pdf s/r epo rtin gforms/7520-6. pdf
. 19 See Tracy Carluccio, Will We Sac r ifice O"r Wllle r! or Ga, ', OUTDOOR AMERICA, Spring 2 010 , at 2 7

-28, a

vailable al h ttp ://www .iwla. o rg/in dex.p hp ?ht=a/GetDocume ntActio n/i/4272.



### - 5 ­
1 56 WILLIAM S TREET
. SU I TE 800 NEW YORK. NY 10038-5326 T : 2 1 2.79 1 .188 1 F : 212.918.1556 E : n e o trice@earthjustice.org W: www.earthjust!ce.orgThe oil and gas industry also avoids regulation under the Re so urce Conservation and Recovery Act ("RCRA "), which sets the standards for handling and disposal of hazardous wastes.!! ' Wastes created by oil and gas exploration and production, includin g E&P Chemicals present in drilling fluids and produced waters, are not subject to regulation under RCRA." Were oil and gas wastes subject to RCRA, those charged with handling the wastes would be requ ire d to demonstrate that the wastes were, for example, stored, tran s porte d, and disposed of in a way not harmful to the environnlent. 22 In addition, the oil and gas industry is exempt from the provision of the Emergency Planning and Community Right to Know Act ("EPCRA"), under which EPA requires industrial and federal facilities with more than ten employees to report the toxic chemicals th ey release, store, and transfer. " Specifically, any facility that manufactures or processes a chemical in amounts over statutory thresholds must submit forms detailing the chemical identitie s, u ses, and volumes; as well as onsite waste treatment and recycling methods and offsite transfer locations. N The chemical information contained in these reports, where otl1erwise mandated by EPCRA, is made publicly available in the Toxic Release Inventory, which is updated annually and 

### serves to inform communities and citizens of chemical hazards to which they may be exposed. 25 Although a few federal regulations require storage facilities and manufacturers to disclose certain information about the chemicals they store and manufacture, the information gathered pursuant to these regulations is extremely limited and not readily available to EPA or the public. First, under EPCRA, owners and operators of storage facilities holding in excess of 10,000 pounds of any hazardous chemical must submit chemical inventory information ("Tier II reports") to the state emergency response commission ("SERC"), local e m erge ncy planning committee ("LEPC"), and the local fire department in the area where the facilities are located." Every s tate implementing the federal program has different Tier II reporting requirements, a nd the forms required to be completed by the storage facilities may differ b y COWlty and by

2" See 42 

## U.s.c. § 6921 (b)(2)(A). 2 1 See id. ("[Dlrilling fluids, produced waters, and other W<1stes associated with the ex pl oratio n, development, or production of crude o il or natura l gas or geothermal energy sha ll be subject only to existing State or Federal regulatory programs in lieu of this subchap ter . . .. "). 22 

## See 42 

## U .s.c. § 6921. lJ 40 C.F.R. §§ 372.22.,372.23 (2011). " fri. §§ 372.25,375.28; EPA, Form R: Approved Olvm No. 2025-0009 (2010), http ://www.epo.gov/ tri/report/formR/RY201 O_FormR

_

01 0511
. pd f. !. .; See id. "4 2 

## U.s.c. § 11022(0)(1); 40 C.F.R. § 317.10 (setting the threshold for Tier 1I reports at 10,000 pounds for hazardous substances and 500 pounds for extremely hazardous s ubstances),



### - 6 ­
156 WILLIAM STREET, SUITE 800 NEW YORK, NY 10038-5326 T: 212 791.1881 F : 212.918.1556 E : neoffice@earthjustice.org W: www.earthjustice.orgcompanyF To obtain Tier II reports , moreo ver, the public must request them in writing from an SERC or LEPC." Second, under EPCRA and th e Occupational Safety and H ealth Act, manufacture rs and imp o rters o f E&P Chemical s are' require d to disclose certain chemicals o n mate rial safety data s h ee ts ("MSDSs"), which are de s ig ned to protec t emp loyees working with ha za rdous chemicals by informing them about the risks associated with those chemicals. " MSDSs are governed by re gul a tion s promulgated by th e O ccupational Safety and Health Admini s trati o n ("OSHA")]IJ With or before the initial s hipm e nt, m a nufac turer s and importers must pro v id e MSDSs to any distributor or employer receiving their products, and employers mu s t keep the MS DS s in the workp lace and make them readily accessible to emplo y ees." Employer s re quire d to m a intain MSDSs at their facilities mu s t fil e th e m with the SERe, LEPe, and fire d e partm e nt with jurisdi c tion over the faci lity ." The public may obtain MSDSs only upon written re qu est to s tate a nd loca l agencies." MSDSs are the primary means by whi ch the public has been able to obtain inf ormation about E& P Chemicals, yet the informa tion they prOVide is inadequate to id e ntify the full s p ectrum of E&P Chemicals or to eva luate the chemicals' health and environmental effe cts. Thi s inadequacy results from OSHA's re gulations governing MSDSs, which limit the information reqUired to be disclo se d in se veral ways. First, only "hazardous chemi ca ls" ne e d to be disclo se d on MSDSs, and a chemical must have been subject to signific a nt tes ting b e fore it will be considered "hazardous " und er th e r egul ations.J.l There is, how eve r, n o r equ ir e ment that E&P Che mic a ls ever be tested. Second, even where a chemical that ha s been suffici e ntly te s ted qualifie s as "hazardous," th e manufac turer may opt not to disclose it if it co n stitute s less than one pe rcen t of the volume of the product (or 0
. 1 percent of the volume of the product if the

27 Sec, e.g., EPA, Tier Il Chemical Inve ntory Reports{fier II Submit, http: //www.e pa.gov/oem/content/e pcra/ti er2
.htm (l as t visited Aug. 2, 2011) (providing link s t o the different repo rtin g requirements o f each of th e 50 s tat es ). "40 CF.R. § 370
.61. " 42 U.s.C § 11021 (a)(1); 29 U.s.c. § 655; 29 CF.R. § 1910.1200(g)(1) (requiring chemical manufa cturers and import e rs to "obtain or dev e lop" an MSDS for "ea ch hazardous chemical they produc e or import"). 30 29 CF. R. § 1910.1200. 31 Tri
. § J910.1200(g)(6)( i), (8). " 42 U .s.C § 1102J(a)(1). " See 40 CF.R. § 370.60
. " See 29 C F
. R. § J9JO .l200 (c). A " lhJ azardous chemical mean s any chemical which is a phys ic al ha zard or a hea lth ha z ard." lei. A "phy s ical hazard" is a "chemi cal for w hich there is SC ientific all y valid ev id e nce that it is a co mbu s tible liquid , a compressed ga s, ex plo s ivel flammable , an organic peroxide, an ox idi ze r , py r o ph o ricl un s table (reacti ve) or water-reactive." /d. A "health hazard" is a "chemical f o r w hich th e r e i

s statistically s ignificant ev iden ce ba se d on at least o ne study conducted in accordance w ith es t il bli s hed s ci e ntific principles that acute or chronic health effec ts may occur in exposed employees. " lri .



### - 7

­ 156 WILLIAM STREE T , SU ITE 800 NEW YORK, NY 1003 8 · 5326 T.2 1 2
. 791. 1 88 1 F.21 2.918 .1 556 E: neoffice@earth j ustice. o rg W : www .ea rth] ust l ce.orgche mical is a carcinogen). " Third , a " ha za rd ous chemical" need not be disclosed if the manufacturer claims that its identity is a trade secret."" The manufacturer unilaterally ma y withh o ld specific chemic al information as proprietary if it determin es that th e tra d e secret class ifi cat ion ca n be "supported."" Above all, MSDSs are an inadequate sou rce of inform a tion because th e chemical m anufacturers have wide di s cretion in preparing the sheets. 311 OSHA publishes littl e gu idance as to whether a chemical is hazar d o u s an d in s t ea d directs the manufa cture r s t o "conduct a thorough eva luation" as to whether a chemical must be disclos e d ." OSHA recogn izes four sepa rate lists identifying chemicals tha t are automa tically " h aza rd ous" as de fin ed by the regulations,'" but these lists are incomplete, co nt ai n only chemic a ls th at alrea d y have been teste d exte n s ively , and are n e ith er user -fri e ndl y nor readily understood by th e o rdin a ry citi ze n. Moreover, federal regulators provide littl e oversight in the manufacturers' decision-making process:" Given the broad exceptions carved out in OSHA 's regulations, the manufacture rs ' ample di scre tion, and OSHA 's lack of oversight, the regulations do not provide much in centive for disclosure on MSDSs. In practice, when preparin g MSDSs, manufacturers of E&P Chemicals take a dv an ta ge of the amp le discretion provided by OSHA's regulations and omit vital information about the ch en1i ca l composition of their**prodllcts:~2** For example, although manufacturers have
" See id. § 1910.l200(d)(S)(ii)
.

.. , See id. § 19IO.l200(g)(2)(i)
.

. " Id. § 191O.1200(i)(1)(i). " Sec, c.g., 29 C.F.R. § 1910
. 120 0 , App. B ("Hazard eva lu ation is a process w hich r eli es heav il y on th e professional judgment of the evaluator"); see nlso TEDX, Health Effects Summary Statement, s lIpm no t e 11 , a t 1 ( "The ac curacy and completeness (of MSDSs ] are entire ly up to the co mpan y that produces the MSDS")
.

. " 29 C.F.R. § 1910.1200, App. B. 40 Chemica l manufacturers must tre a t a chemical as ha zardous and list it on an MSDS if it is listed (1) in 29 C. F.R. part 1910, su bpart Z, (2) on the Threshold Limit Va lue s for Chemical Sub stances and Physical Age nts in the Work Environment, American Co nf erence of Governmental Indu st rial Hygienis t s (l a test editio n) , (3) as a carcinogen by the Nati o na l Toxicology Program, o r (4) as a carcinogen by the Annual R

e port o n Carcinogens, International Agency for Research on Cancer tvlonograph s. 5tw irl. §§ 191 O.1200(d)(3)-( 4).**~I** See 29 C. F.R. § 19]0.1200, App. B. OSHA doe s no t intervene in the decision-making process of the manufacturers w hen preparing MSDSs; h owever, upon OSHA's request, m a nuf actu rers must be ab le to "demons trate that the y have adequately asce r ta ine d t he ha zar d s of th e ch emica ls produced or imported." Id
.**1** Thea Co lbo rn, Carol Kwiatkowski, Kim Schultz, & Mary Bachran, Nntura l Gns Operaliolls

### frO Ill n Public Henltll Per specti ve, INT'L 

### J
. H UMAN & ECOLOGI C/ 'L R I SK ASSESSMENT (forthcoming 201 1 ) (manu sc ript at 7), http ://w ww.endocrinedisruption.com/files/Oc t2011 HERA lO

-48forweb3-3-11.pdf. TEDX studi ed w hat it r efe rs to as c he mical "products," w hic h co nt ilin a var ie t y of chemical s ubstances. A lth o u g h TEDX does not use the t erm "mi x ture " as it is defined und er TSCA, the fracturin g products eVil lu il te d in TEDX's



### - 8

­ 156 WIL L IAM STREE T, SU ITE 800 NEW YORK. NY 10038·5325 T: 2 1 2.79 1 . 1 88 1 F : 212.918.155 6 E : neoffice@eart h j ust ic e.org W : www.e a rth j ust l ce.o r gdistributed hundreds of MSDSs for products used in gas development, a study performed by The Endocrine Disruption Exchange ("TEDX"), a non-profit organization that provides scientific information about e ndocrine disruptors , demon s trates that these MSDSs are "fra ught with gaps." '" Of the 980 MSDSs gathered by TDEX, 421 of them

- repre se nting 43 percent of the chemical products - di s clo sed less than one percent of the products' che nli ca l composition:' " Of the remaining MSDSs, only 133 of them

- representing only 14 perc e nt o f the chemical products

- disclosed more than 95 percent of the products' chemical composition. ' " In addition, many of thes e MSDS s e ither provided functional descriptions in place of chemical ingredients or omitted CAS numbers." As TED X explained, its review demonstrate s that MSDSs can "easily be inaccurate and incomplete."·17 III. Rulemakings Under TSCA Sections 4 and 8 Are Necessary to Fill Gaps in State Regulation of E&P Chemicals. Most s tates do not routinely disclose to the public information they receive about E&P Chemical s, even when th e information is not claimed to be proprietary , and no state is requiring to xicity testing or development of health and safety data. Wyoming ha s implemented the mo s t far-reaching regulations governing disclosure of E&P Chemicals, yet even the se regulations fall short of what a rulemaking under TSCA sections 4 and 8 would provide. Wyoming's rules require that well owners and operators disclose to the state's Oil a nd Gas Conservation Commission ("WYOGCC") the identities and concentrations of all chemicals that will be used at each well site:" Wyoming's rules, however, do not require toxicity testing or disclosure of health and environmental impa cts of the chemicals. Moreover, like EPA's current study, Wyoming's rules do not reach manufacturers, processors, or di s tributors of E&P Chemicals, unle ss the well owner or operator is a company such as Halliburton or Schlumberger that also manufactures, processes, or dislTibutes E&P Chemicals. Wyoming's newly-enacte d regulations and the oil and gas industry's response to them demonstrate that the oil and gas industry is resistant to disclosure of E&P Chemicals. In fact, since Wyoming's regulations were enacted in August 2010, the WYOGCC has received more study meet TSCNs definition of mixture. See 15 U.s.c. § 2602(8) ("The term 'mixt ure' means any combination of two or more chemical substances if the combination does not OCCLlr in nature and is not, in whole or in part, the result of a chemical reaction; except that such term does include any combination which occurs, in whole or in part, as a result of a chemical reaction if none of the chemical substances comprising the combination is a new chemical substance and if the combination could a ha ve been manufactured for commercial purposes without a che mi ca l reaction at the tim e th e chemical substances comprising the mi x ture were co mbin e d. " ). H Colborn, slIpra note 42, manuscript at 7. H TEDX, Health Effects Summary Statement, slIpm note 11, at 2. ·15 fd. " fri. at 1
.**7** Colborn, s lipra note 42, manu script a t 7 .

., See Wy
. Code R. Oil Gen. Ch . 3 § 45(d).



### - 9

­ 156 WILLIAM STREET, SUITE 800 NEW YORK, NY 10038·5326 T: 212.791.1881 F: 212.918.1556 E: neofflce @ea rthjust i ce.org W : w ...·/w.earth]U 5 tlce.orgthan 90 trade sec ret claim s for E&P Chemicals.'" Although so me of tho se submitting trade secret claims di s clo se d all in g redi e nts except for those chemical s ub s tan ces claimed to be proprietary, others submitt e d blanket confidentiali ty claims and refused to disclose any of the chemica l substa nc es u se d at th e we ll si te s on the grou nd s that some of them were proprietary." Although TSCA also provid es an opportunity for manufacturers, processors, and distributors to present trade sec ret claims, EPA curre ntly is undertaking ' efforts to ensure that TSCA's limited trade sec ret provisions are not abused and that h ea lth and safety information submitted under TSCA is mad e publicly availabl e." IV
. There Is Insufficient Information Available to Permit a Reasoned Evaluation of the Health and Environmental Effects of E&P Chemicals. In the absence of a federal rul e m aking requiring disclo s ure of the id enti ti es of E& P Chemicals and information about th e chemi ca ls' hea lth and environmental impacts, scie ntific organizations and state agencies, including TEDX and the New York State Department of Environmental Conservation ("NYSDEC"), have undertaken efforts to evaluate the health risks posed by E&P Chemicals. Two reports published by TEDX and NYSDEC, respectively, analyze the h ealth effects of aU chemical substances for which TEDX and NYSDEC co uld locate a CAS numb er." These reports do not ana ly ze any h ea lth effects related to chemical mixtures, in large part because manufacturers and processors r arely disclose the complete chemi ca l co mposition of their products." Read togeth er, th ese reports demonstrate that the information currently

49 See Telephone Conve r sation between Megan Klein, Associa te Attorney, Earthjustice, and Gary Strong, Pro ject Geo log is t , Wyo ming Oil and Gas Conservation Co mmission (Mar. 21. 2011). M r . Strong s t a ted that, to hi s knowledge, 9] trLld e secre t claims had b een made s ince the regulation s became effective on Aug us t 17, 2010, but he note d that thi s number co uld include duplicate claims or claims made f o r chemicals never actually used at th e we ll s ites. ltl. Wyoming's regulations provid e that "confidentiality protection s hall be provided" for trade secrets, and privileged and confidential informa ti on w hen t he purty seeki ng to w ithh o ld disclosure provides written documentation of the "nature and exte n t of the proprietory information." Wy. Code R. Oi l Ge n . Ch. 3 § 45(f). 5{1 St?e Telephone Co nversati on between Klein ilnd Strong, slIpra note 49. ; , Sec 15 U.s.c. § 2613(a) (providin g statutory authority under which the chemical industry, or EPA afte r obtil inin g th e information from the che mica l indllstry, may withhold certain inf o rmati on ilS co nfid e ntial business information ("CBl")), irl. § 26J3(b) (indicuting that, outside of limited circumstances, info rmati on disclosed as part of health and sa f ety data may not be withheld as CBI); 75 Fed. Reg. 29,754, 29,754 (May 27,2010) (announcing that EPA w ill begin reviewing CBl claims for health and sufety dat" to ens u re all CB t claims for chem ical id e ntiti es are supportab le under TSCA); see also in. at 29,755 (indicating that its r eview of CB I claims "w ill make more health and sa f ety inf o rm a ti o n ava ilabl e to th e public and s upp ort an imp o rta nt mi ss io n of the Age ncy to promote publi c und e r s tanding of the potential risks posed by che mi cil l s ubsta nce s in commerce"). " Sec DSGEIS, sllpm no te 3, at 5-25 (identifying 260 chemical s ub stances) ; cf TEDX, Hea lth Effec ts Summary S tate me nt , slIprn no t e 11 , ilt 3 (id e nti fyi ng 649 chemical s ubs tan ces). 5.1 Sec TEDX, He<1lth Effects Summ ary Statement, slfpra note 11 , at 1.

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­ 156 WILLIAM STREET. SU ITE 800 NEW YORK. NY 10038·5326 T : 212.791. 1 88 1 F : 2 1 2 . 918. 1 556 E : neoff i ce@ea rth j ustice. org W: www.earthjustlce.orgavailable is in s ufficient to identify the 

### fu ll spectrum of E&P Chemicals or to permit a reasone d eva luation of their health and environmental effects. A. TEDX Report In an attempt to determin e the id e ntity of E&P Chemicals and to eva luate the health effects associated with them, TEDX gathered information from multipl e sources, including lvISDSs, sta te Tier]] reports, Environmental Impact Statement and Environmental Assessme nt disclosures, rule-making documents, and acc id e nt and spill reports. " TEDX's review spanned severa l years and required TEDX to match the chemical substances that co uld b e identified by CAS number with available health data. After performing thi s extensive and labo r-inte n s ive review, TEDX concluded that h ea lth data was available for "o nl y a s m a ll percentage of the ch emica ls in use" in the gas industry
.55 Using the available information, TEDX was able to form a list of 980 products conta ining 649 chemical substances." It was not possible reliably to determine th e h ea lth effec ts of almost half of the s ub stances identified because TEDX could not locate CAS numb ers for them. 57 The remaining substances that could be identified by CAS number were associated with multiple h ea lth effec ts, including effects on human senso ry, respiratory, gastrointestinal, nervous, immune, cardiovascular, and endocrine systems. Specifically, over 78 percent of the substances that co uld be identified by CAS number were associated with serious s hort-term h ea lth effects such as burning eyes, rashes, coughs, sore throats, asthma-like effects, nausea, vomiting, headac hes , dizziness, h'emors, and convulsions " Beh"een 22 and 47 percent of the identifiable su bstances also were associated with lon ger- term health effects, including cancer, organ damage, and harm to the endocrine syste m ' " In addition, 48 percent of the identifiable s ubstances had "other" health effects not specif ically classified as s hort- or long-term, s uch as changes in weight, effects on teeth and b o n es, and death .'" Because the full chemical composition of the vast majority of the products was not avai labl e, TDEX was not able comprehen sive ly to evaluate the health effects of the mixtures used in gas dev e lopme nt.

.. TEDX, Health Effects Summary S tatement, slIpm note 11, at l. 55 Colborn, slfpra note 42, manuscript at 12 . 56 SccTEDX, Healtll Effects Spreadsheet (2010), http: //w ww.endocrinedisruption.com/file s/ M uI tista teSpreads heet3- 22-11 Sta tes.xls. 57 

### S e c TEDX, Health Effects Summary Statement, slIpm note II, at 3 (indicating th e TED X could not loca te CAS numbers for 44 percent of th e chemical s id en tifi ed). ;s Id
. • , Id. nU Id.

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­ 156 WI L L I AM STREET, SU ITE 800 NEW YORK , NY 10038 - 5326 T: 212.791.1881 F: 212.918.1556 E : neoffice@earthjustice.org W : www .ea rthjustlce.orgB. NYSDEC Analysis [n an atte mpt to ana lyze th e hea lth e ffects of fracturing chemical s like ly to be u se d at we ll s ites in New York State, NYSDEC collected MSDSs and so u g ht ad d iti ona l information f ro m we ll se rvice providers and chemica l manufacturers. b1 F r om th e in fo rm atio n it obtained, NYSDEC co mpil e d a li st of 260 c h e mic a l subs ta nc es us e d within 197 fracturing prod u cts, a lth oug h full ch e mical composition information was available fo r on ly 152 products. '"' NYSDEC's review of the id e ntifi abl e ch e mi ca l sub s tance s and mi x tures demonslTated that
" [c]ompo und- spec ific to xic ity data a re 

### ve ry limi te d for man y ch em ica l additives to f rac turin g fluid s . "'" Lacking compound-specific tox ici ty data, NYSDEC grouped the su bstanc es by thei r che mi ca l stru ctu res a nd then matched each group of s u bs tanc es wi th h ea lth risks identified by the New York Sta te Depa rtm e nt of Health. " Li s ted b e low are some o f th e gro u ps of chemical s ub s tance s id e ntified in the D SGEIS a nd the adverse he a lth e ff ec ts a ssoc iated w ith th ose gro up s :

• BTEX compounds (benzene, toluene, e th y lbei1Zen e, a nd xy len e): d a m age to th e 

### n ervo u s sys tem, 

### liver, kidn eys an d bl ood ce ll-f o rmin g tissues; • Petro le um di still a te products : a dv erse effec ts on th e gastrointestinal syste m and cen tr al ne rvous system, skin irritation, blistering, and pe eli ng; • Quarternary ammonium compounds, which can react with di s in fectants used in drinking water systems to form nitrosam in es: genetic damag e and ca nce r; • Microbicides: respiratory and gash·o intes tinal damage as w ell as damage to th e kidneys, live r, and nervou s system; • Formaldehyde: irritation of the skin, eyes, n ose, and throat, along w ith increa se d tearing; nasop h aryngeal and ly mph ohe m atopoietic**cancer; (~**  • Glyco l ethers: damage to male reproductive syste m s and red bl ood ce ll formation; and • l,4-dioxane: eye a nd n ose irrita ti o n, li ve r and kidney dama ge, a nd li ver cancer. A lth o u g h NYS DEC was a bl e to identify a range of adverse health imp acts assoc iate d with g roup s of fracturing d le mi ca ls, NYSDEC ackn ow le d ge d that its a n alys is of th e h ea lth e f fec ts of f racturin g ch emica ls was incompl ete, because it was not able to identify h ea lth data for 

### every chemi ca l in each group.61i

61 DSGE f S, slIp ra n o te 3, at 5-52 t o 5-62. In addition to the 260 chemicals, the pr o du c t s id e nti f ie d 8. lso co ntnined "40 co mp o unds w hich require furth er disclosure since milll)' me mi xtures." fri. at 5-35. " fd

. at 5-35. " f d. a t 5-53. " f d. a t 5-52, 5-63 to 5 -66
. b; EPA rece ntl y r e lease d a draft f o rmald e h yde -inhalati o n il5sessment that id e ntifi es f o rmald e h yde i.15 il w ide ly -recogni zed carcinogen . EPA, IRIS To x ico log ica l R ev iew of Fo rmald e hyde - Inh a latio n Assess m e nt (E xte rnal R ev iew Draft) , EPA/635/R-IO /002A , a t § 4
. 1.2 (2010 )
. ". See DSGEIS, supm note 3, at 5-6 1.

- 12

­ 156 WILLIAM STRE E T. SU ITE 800 N E W YORK. NY 10038·5326 T: 2 1 2.79 1.1 881 F: 2 1 2.918. 1 556 E : neoffice@earlhjusti c e . org W ; ww·w.earth ] ustlce o r gV. E&P Chemicals May Present an Unreasonable Risk of Harm to Human Health, Terrestrial and Aquatic Life, and the Environment. Numerous incidents of exposure to E&P Chemicals demonstrate that E&P Chemicals may present an unreasonable risk of harm to h ealth a nd the environment at eve ry stage of oil and gas development, including storage, tr a n spo rtation, treatment, and disposal. Leaks and sp ills of E&P Chemicals have be e n reported from Wyoming to Pennsylvani a.'" In 20"10 alone, at le ast 34 million gallons of crude oil and E&P Chemicals were spilled n at ionwid e." The New Mexico Oil and Cas Conservation Divi sion h as identified close to 400 cases of groundwater co ntamination .from oil and gas pits s ta tewid e." Data gathered by the Colorado Oil a nd Cas Conservation Commission indicated that in th e state of Colorado there were 134 sp ill s of oil and gas products, including drilling mud s a nd fracturing fluids, between 2003 and ' 2008 .'0 The Pennsylvania Land Trust reviewed records of v iolation s by service companies operating in the Marcellus S hale between January 2008 and August 2010, and found that there were 1,056 violations likely to ha ve caused environmental ha rm ." E&P Chemicals frequently are found in drinking water supplies near oi l and gas development sites. Testing of drinking water wells in Dimock, Pennsylv ania

- a small town with more than 60 gas wells in a nine-squ are-m ile area"

- revealed high level s of toluene and ethylbenzene, which are carcinogenic chemicals believed to aid the fracturing process?] Residents of Sublette County, Wyoming te s ted their drinking water wells and found "f1uoridewhich is listed in Halliburton' s hydr au lic fractur ing patent applications and can cause bone damage at high levels

- at almost three times EPA's maximum limit." '" A poorly lined pit near (
. , lad Mouawad & Clifford Krauss, Dork S ide of 0 Nolllrn l Gos BOOIII, N.Y. TIMES, Dec. 7 , 2009, at B1 , ovoiloble 01 http: //www.nynmes.com/2009/12/0B/bl1siness/e ne rgy-environmen t /OBlracking. html
. os Armen Keteyian, Oil olld Gos IlIdll s/r!! Spills /-loppell "AlIlile Ti/lle," CBS NEWS , Apr
. 12, 2011, http ://www.cb snews.co m/830I-31727_162-20054042-10391695.html
. 69 New Mexico Energy, Minerals, and Natural Resources Department, Ground 'wa te r Imp act Update spreads heet (2010), http ://www.emnrd.stale.nm. u s/ocd/doc umenls/GW

_lmpact _updTbl

_OOO.x ls. i O Exh ibit 1 to Co nsolidated Final Preh ea ring Statement of the Oil and Gas Accollntubility Project et aL, 111 r e Chnllges to R. & Regs. 01 Oil & Gns COllsel"valiolJ COJ/ll/ J ' 1l ofColo., No. 0803-RM-02 (2008), nvailahlc at http ://cogcc.sta te. co. us/Ru leMaki ng/Pa rty Sta tus/Fi nal Prehea ri ngStm ts/OG APEx hI
.pd f (i 11 d ica ti I1g tha t there w ere 134 spills of "other" products, which "induded diesel fuel, glycol, amin e, lubric ating oil, hydruuli c fracturing fluids, drilling mud s, o th er chemicals, and natural gas leaks"). 7 1 Pennsylvania Land Trust Association, Marce llu s Dr illers in Pennsylvania Amass 1,6]4 Violations S ince 2008 -1,056 Identified as Most Likely to Harm th e Environment (Oct. 2010), http ://conserve land.org/violations rpt (Iollow link to "Down load Rep ort" ). i:!: See, e.g., C hri s topher Bateman, A Colo ssa l Frnckillg Nll.'SS, VANITY F A IR, June 21 , 2010 , availnble nt http ://www.vanityfair.com/business/lea tures/2010/06/fracking-in-pennsylvania-201006
. n Michael Rubinkam, Reporl: Frncki1/g Chelllico i s i 1/ NE Po
. Woler Wel/s, ABC NEWS, Sept. 16, 2010 , http ://abc news.go.co m/Business/w ireS lo r y? id=1165 3 140&pa ge= 1.

,. , Abra hm Lustgarten & ProPubli ca, Drillfor Nolllrn i Gos, POl/II Ie Waler, SCI ENTIFI C AMERI CAN, Nov. 17, 200S, mIni/nNe nt http://www.scientifi cam eric an .com/artid e .cfm ?i d=d rill

-for-na tu ral-gas-poll u te
- w ater .

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­ 156 WILLIAM STR EET. S UITE 800 NEW YORK. NY 10038 - 5326 T : 212.791 .1881 F: 212.918.1556 E : neoff ice@ earth j usti ce .org W: www.earthjustice.orgParachute
. Colorado, leaked 2,500 barrels of drilling muds into a tributary of Garden Gulch , and sa mples performed on the receiving waters d e mon s trated high levels of b e n zene and ace tone ." In 2009 and again in 2010, EPA informed re s idents of Pavillion, Wyoming, that a numb er of drinking water wells in their area were co ntaminated with 2-butoxyethanol ("2-BE"), a chemical used as a general solvent that is associated with health effects such as narcos is, pulmonary edema, and severe liver and kidney damag e.'" More recently, sa mpl es of oil and gas wastewater discharged into public drinking water supplies in Indiana County, Pennsylvania, revealed concentrations of 2-BE at levels at more than 55 times the minimum ri sk le vel for intermediate exposure by chiidren. 7I In res p onse to complaints of cloudy an d foul-smelling water by residents living near gas wells in Hickory, Pennsylvania , EPA p e rform ed testing of drinking water wells and found acrylonitrile, a chemical that Halliburton ha s li s ted on two 

## U.s. patents for E&P Chemicals. 78 Water sa mples a lso have shown dramatic increases in lev e ls of acrylonitrile, as well as benzene and styrene, in water wells located near gas development in Wetzel County, West Virginia. " Just recentl y, a breach of a containment area at a gas well in Canton, Pennsylvania, cau se d thousand s of gallons of drilling fluid s to spill, cross over farm fields, and reacll a nearby stream." In addition to threatening human h ea lth via drinking water contamination, E&P Chemicals have proven fatal to animals and aquatic life. Again in Dimock, Pe nnsylvania, Cabot Oil and Gas reported spilling 8,500 gallons of fracturing fluid, much of which made its way into

i5 Col o rad o Oil and Gas Conservilti o n Comm issi o n, March 3 1,2008 Update on Garden Gulch Releases, at slides 13-14 (2008), http: //o il-gas .state. co. u s/Library/P i ceanceBasi n/Garden_G ulch_R eleases_03-31­ OS_Update. pdf. " See Fritz Mayer, EPA 111l' es tigates 11 Pollllte rl Wells, THE RIVER REPORTER, Aug. 20, 2009, http ://www. riverreporter.com/ is s ues/ 09·08-20/ ne ws -well s. html (indiGlting EPA's in vestigation of the contamination); EPA, Glycol Ethers Hazard Summary (rev. 2000), http ://www.epa .gov/tmatwOl /hlthef/gl yco let.html # r ef4 (indicating the use s and associated health ha zards of 2-BE); Abrahm Lu s tgarten, Feds \,yam ResideH/s Near Wyomillg Gns Drillil/g Siles Not to Drillk rlleir Water (Sept. 1, 2010), http: //www.prop ubli ca.org/article/fe ds-warn-re s idents-ne ar-wy otning-gas­ drilling-sites-not-to-drink-their-wate (noting thilt EPA warned Pavillion residents not to drink their water and to li se ventilation while bathing). 77 See Conrad D. Volz et aI., COl/tallliHall1 Cltaraclerizatioll ofEfflilelltfrom PClllls ylPnllia Brille Trcnt/IlCIl! 111C. , jas ep hhll! Facilill) Beillg Released illto Blacklick Creek, llldimin COlll1ll}r PCllllSylvflllifl, Mar. 25, 2011, at 10-11, http://ia600608.us.archive.org/6/ite ms /Co ntaminantCh<lf<lcteri za tionOfEffluentF ro mP e nn sy lvaniaBrin eT r eah11ent/]osephine_ V2_CHEC_2011.pdf. '" Chri stie Cam pbell, Water Problem Gets Clo ser Lookfrom DEP, EPA, OBSERVER-REPORTER (Was hin g ton , PAl, Mar. 26, 20 10, at Bl. 79 I saac Wolf, Rural Residents Say N ah l ral Gns Drillillg Has Taillted Their DriJlkiHg Water, METROWEST DAILY NEWS, Nov. 23, 2010 , http ://www. metro wes tdail y news.co m/lifes tyle/health/x 14S5353677/Rural-re s id enl s­ say -n a tu ral-gas-d ri II ing-has-tLlinted-th e ir -d rinkin g -\va ter . 80 Associated Press , Driller Temporarily St ops OperalioH s at P a. lA/ells , S AN DIE GO UNION-TRIBUNE, Apr. 21, 2011, http ://www.s ignonsandiego .co m /news/20 11 /apr/21 /driller-temporarily-stops

-operat i ons-at-pa­ lVelis.
- 1 4

­ 156 WILLIAM STREET, S UITE 800 NEW YORK, NY 10038 · 5326 T, 2 1 2 .7 9 1.1881 F , 212.918.1556 E: neoffice@earthjustice.org W: wVlw.earthjust i ce.orgStevens Creek and killed fish and o th er aquatic lif e." In May 2010, the Pennsylvania Department of Environmenta l Protection ("DEP") fined a drilling company $1 4 1 ; 175 for leaking 250 barrel s of diluted wastewater into a s tream in W as hingto n Co unty, P e nn sy lv a ni a, a nd th e re b y killing s mall fish , sa lamanders, a nd frog s." A farmer li ving w ithin 200 ya rds of gas we ll s in Grandv iew, T exas, witne sse d si x of hi s a nim a l s di e af t e r his , vater well becam e co ntaminated with at le ast o n e of the BTEX co mpound s." ' The drillin g company denied that its drilling operations had any relation to the water contamination, eve n though seve ral other f a milies li v ing within 200 feet of th e wells reported id e nti c al in s tances of water contam in ation ." Tn S pring Ridg e, Louisian a, seventeen cows died after ingesting fra cturing fluid t hat spilled into their pa s ture from a nearby gas well operated by Chesapeake En e rgy. " Leaks and spi ll s of E&P Chemical s endanger ai r quality as well as water supplies, sometimes eve n before th e ch e mical s hav e a chanc e to reach th e well s ites. In June 2006, a chemical plant in Farmington , New Mexico operated b y Halliburton Energy Se rvi ces spilled ap proximate ly 30 -60 gallons of a hydraulic fracturing product called Acid izing Composition
. " Th e s pill crea te d a large cl o ud of acid vap o rs, which caused vomiting and nau sea in the peopl e living near the pl a nt and prompted the evacuation of mo re than 220 peo ple from their home s. " Despite the immediate h ea lth e ffects res ulting from acute e xpo s ure to Acidizing Compositio n , its MSDS indicates "n ot dete rmined " for a ll toxicity tests, includin g those for carci nogenicity and reproductive/developm e ntal toxicity ." In additi o n to adverse h e alth imp acts caused by acute exposures, peopl e also have reporte d injuries from prolonged exposure to E&P Che micals. For exampl e, a resident of Arlington, Texas, reporte d poor air quality and an incre a s e in hea lth problems immediatel y fo llowin g the co mmen cement of drillin g o peration s by

!oi l S te ve McConnell, Fractllril-Ig F llfids Spill into SlIsqllehmllln COllllly Stremll, vV AYNE INDEPENDENT, Sept. ]7, 2009, http ://www.w ayneindepend e nt.com/are hi ve/x57651 0049/F ractu rin g- flu id s-s pi II-in t o -Su s quehannaCo unty-stream ; A brahm Lustgar t e n , Fm c k Fluid Spill ill Dimock COll tall/in nks Strealll , K illing Fish, ProPu bl iea, Sept. 21, 2009 , http://www
. propubl ica.org/artic\ e/frack -fl u i d -spi II

-in-d im ock-co n taminates­ stream-killing-fish-921.**~** Press Rel ease, Pennsylvania Department of**Env ronment~1**  Protection, DEP Pe naliz es Ril nge Resources $ 141 , 175 for Sp ill in High Quality Wa t erway (May 14, 2010), http ://www.po rt aL s tate.pa .us/portal/se rv er. pt /co mmuni ty/news room/14287.id= 11412& type id= 1
.
., Pe te r Gorman, Waler FOllI, FORTH WORTH WEEKLY, Apr. 30, 2008, http://arehiv e .fwweekly .com/eonte n t. asp?a rtic\ e=688 5. 1\-1 See id. Ii ;; V icki e We llb o rn , CliesllpC!flke. SclIIlllllber scr Filled $22.,000 Each ill Cows' Den ths, S HR EVE P ORT T I MES, Ma r. 25, 20 10, http://www.shreveport times.com/artic\e/20 1 00325/N EWS0 1/1 003250 1 8/C hesa pea keSchlumberge r-fin e d-22-000 -e ach - in-cow s- d ea th s . " Hallilmrtoll Spi ll Res lIlts ill Acid C lolld, More Thall 220 Pe ople EvaclIaledlo Mall, THE DAI LYT I ME5, FARMINGTON , NEW MEXICO, Jun e 7, 20 06 , a vnilable nl http ://www.y o uri awyer.com/artic\es/read/l1832
. 87 See i n. Ii:! Halliburton, Material Safety Data Sheet, Product Trude Name: FE - 1A Acid iz ing Composition. 1, 4 (Dec. 2006), amilaMe 01 http://new yo rk .s ie rrac\ub .org/fingerlakes/gas inf o .html(f o ll ow link to prod uct name und e r headin g " MSDS Data Sheets").

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­ 156 W I LLI AM S TREET , S UITE 800 NEW YORK, NY 1 0038- 53 26 T , 212 791.1881 F ,212.918.15 56 E : neoffice@earth]ust i ce.org W : www. ear lhjustice.orgCarrizo Oil and Cas near her home ' " Although Carrizo denied any responsibility, th e resident received test results confirming the presence of ethylbenzene, xy lene, h exane, and methylpentanes in her bloodstream, and her doctor issued an opinion that h er inability to recover from her ongoing health problems \I\'a5 related to her continual exposu re to diesel fumes an d E&r Chemicals used at the Carrizo wells. 911 E&r Chemicals can degrade soil and air quality in ways that may not be
.rea dily asce rt aina ble to the public. In August 2006, a breach in surface casing at a gas well in Crosby, Wyoming, caused several rel eases of drilling muds, contaminating so il over an area of approx im ately 25,000 square feet." Although no immediate impacts were reported, an ana lysis of th e leaked chemicals indicated that 50 p ercent of them may cause ecological effects (harm to a qu atic s p ec ies, bird s, amphibians, or inv erteb rate s), and 32 percent of them were volatile, potentially causing injury to human respiratory sys tems, skin, se n so ry organs, and gastrointestinal systems" In addition, while analysis of E&r Chemicals' effec ts on air quality a re limited, researchers predict that emissions from Marcellus Shale gas wastewater stored in ce ntrali zed impoundments have th e potential to cause exceedances of the annual guide lines for acry lam id e, glutaraldehyde, formaldehyde, and heavy naphtha. " When exposed to the air, BTEX compo unds incorporated into E&r Chemicals have the potential to mix with nitrogen oxides from the exhaust of die se l-fueled equipment at the well sites and produce ground- level ozone.').! Chemical exposures at and around well sites ar e exacerbated by certa in common

" Ja son Joyce, Pyrrhic PollllliO/l Fillriillg, FORT WORTH WEEKLY, Oct. 13,2010, http J/lvwwJwwee kly.com/ ind ex.p hp ?op ti o n=colTI _con tent& v iew=article&id =426S:py rrhic-polluti o ll find ing&ca**tid ~76:** **metropolis&Itemid 377.**  90 lri. {including a statement by Dr. A lfred John son that " it is my medical opinion that (Sa ndra DenBraber's] current illness and inability to recover is related to her constant and co ntinu al exposure to die se l exhaust fumes and other chemicals associated with the oi l and gas drilling / fractionating and compressor station"). " TEDX, Analysis of Products Used for Drilling Crosby 25-3 Well- Windsor Energy, Park County, Wyomi ng, 1 (2009), htlp://www.endocrinedisruption.com/fi les/Crosby25 -3 we Iisu mma ry4- 20-09 Fina I. pel f.**~** SCI! irl. at 3-4. Y3 See Susan I -lu rvey, Review of DSGEI5 and Id e ntificati o n of Best Technology and Best Practice Recommendations 31-33 (Dec. 29, 2009), s ubmitted as Attachment C to Memorandum by Philip Sears, ARKF, to Kate Sinding et aI., regarding comments o n the Draft Sup plemental Generic Env ironmenta l Impact Statement on the Oil, Gas, and Solution Mining Regulatory Progra m (Dec. 30, 2009) (on file with au thor).**'J ~**  Co lborn, supra note 42, manu scrip t Lit 5 (stating that ozone has a runge of serio us health and e nvironme ntal effects, induding various lung di s eases as we ll as damage t o conifers, flspen, forage , r.lfalfa, and other crops); see also Mead Gruver, Gns OriJJillg Blnmed for Som·illS Ozo lle i" '!\Iy omiIlS, THE TIMES TRIBUNE, Mar. 9, 2011, http ://the time s -tribune.com/ne ws/ health- sc i ence/gas-drillin g-b lamed

- for­ soa rin g-ozo ne-in-wyorn ing-l.11161 78 (reporting that ozone le ve ls detected near gr.s drilling in western Wyoming were two-thirds higher than EPA's maximum healthy limit).

- 1 6 ­
156 W ILLI AM S TREET, SUITE 800 NEW YORK, NY 10038 · 5326 T : 212.791.188 1 F: 212.918.1556 E : neoffice@earth]ustice.org W: www.earlhju sti ce.orgpractices. such as air- and foam-lubricated drilling and the use of impoundments for f10wb ack fluids.''' The hea lth risks posed b y E&P Chemicals have been most sev ere in cases inv o lv in g direct hum an contact. In Apr il 2008, an eme rgency room nurse in Durango, Colorado, was admitted to the intensive care unit after treating a gas industry employee who was caug ht in a fracturing fluid sp ill an" tracked the ch em ical ZetaF low into the h o spital on hi s boots.'''' The nurse pre sented symptoms of yellow sk in , vom itin g, a swollen li ver, erratic blood counts, and lun gs filled wit h fluid and was diagnosed with chemical pOisoning. To determine the exact nature of her chemic al poiso ning, the doctors looked at the MSDS for ZetaF low, which indicated th at Ze taFlow contained methanol and tw o undisclosed "proprietary" compounds. When the hospital requested the identity of the proprietary compounds to aid treatment of the nurse, Weatherford, Zeta Flow's manufacturer, refused to disclose th e information. Weatherford contin ues to deny responsibility for the nurse's illn ess, yet it suspended its use of ZetaFlow following the incident." Finally, a recent report eva luatin g gas development in the Marcellus Shale demonstrates that E&P Chemicals threaten the people most vulnerable to injury from exposure to hazardous chemicals, such as children in day care fac ilities and schools and people hospitalized due to severe illn ess. 9!1 Children in particular face increa sed risk of harm due to exposure to toxic pollutants as a result of their vulnerable immune systems a nd their limited ability to detoxify ." Hundreds of well sites in Pennsylvania are s ituated w ithin one or two mi!es of places designed to care for children and sick people, including 320 day care facilities, 67 sc hools, and nine hospitals HIO In addition, at those same well sites, the Pennsylvania DEP reported almost 300 vio lations of r egu lations intended to protect water quality and the environ men t. IUI The in stances of harm and rep orts of potential harm cited above demonstrate that E&P Chemicals may present an unreasonab le risk of harm to children and adults, terrestrial and aquatic life, water and air quality, and soi l composition. With oi l and gas exp loration and production poised to grow exponentially, incidents of harm linked to it a ls o a re likely to

!}5 See Bishop, s upra note 3, at 2 . % Jim Moscou, A Toxic Spew? Offic ials \lVo,./"y Abolllllllpact of "Frnckillg" 0IOil nlld Gas, Newsweek, Aug. 20, 2008, http ://www. newsweek.com/idI154394
. '" Irl. 98 St!c Madsen, sl/pm note 5, at 30-35; scc also EPA, Environmental Assessment, Ch ildre n 's Health, http://cfpub.epa.govlncea/CFM/nceaQFind.cfm?keyword=Children's %2 0I-lealth (last visited Aug
. 2, 2011) (recognizing that children and the elderly are more susceptible than hea lth y ud ults to health risks posed by pollutants in the environment). !)9 Madsen, s llpra note 5, at 30-31. 11)0 Irl. at 30. 101 Irl. at 34.

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­ 156 WILLIAM S TREET, SU ITE 800 NEW YORK, NY 10038-5326 T, 212 791.1881 F , 212.918.1556 E: neoffice@earthjustice.org W : www.earthjustice.orgincrease. es pec ially if EPA fail s to promul gate regulation s requiring di sclos ure a nd testing of E&P C hemi ca ls and reporting of re late d h ea lth an d e nvironmen ta l effects. VI. Request for Relief Petitioners hereby requ est that EPA take the following actions pur s uant to TSCA sectio n 21, ' 15 U .s.c. sec tion 2620: 1. Adopt a rule pursuant to TSCA sec tion <I to req uire manufacturers and processors of E&P Chemicals to develop test data sufficient to eva lu ate the to xicity and pote nti al for h ea lth a nd environmental imp acts of all s ub sta n ces and mi xture s that the y . m a nufac ture and proce ss. This rule must includ e a requirement for th e m a nufacturer or processor to ide n tif y a ny s ub sta nce or mi xture for which testing is required. 2. Adopt a rul e pursuan t to TSCA section S{a) re quirin g manufa' c ture rs a nd processors of E&P Chemicals to maintain records and s ubmit reports to EPA disclosing th e id entiti es, categories, and quantitie s of E&P Chemicals, descriptions of byproducts of E&P Chemicals, all ex istin g d ata on potential or demonstrated environmental and health effects of E&P Ch e mic a ls, and the number of individual s potentially exposed to E&P Chemical s. 3. Call in all records of a ll ega ti ons of significant adverse rea ctions received a nd maintained by manufacturers, processors, and distributors of E&P C hem ical s pursuant to TSCA sectio n 8{ c) and 40 C.F.R. s ection 717. 4. A dopt a rule pursuan t to T SCA sectio n 8{ d ) to require s ubmittal of a ll exis ting , not previo usl y reported h ea lth and sa f ety studies related to th e h e alth and /or environmental effec ts of E&P Che mical s. A. Section 4 Testing EPA and the public lack adequate data an d experience u po n w hich the health an d envi ron men tal risks po s ed by E&P Ch e mic a ls can reasonably b e d eterm in ed o r predicted. Pet iti o n ers request that EPA adopt a rul e pursuant to TSCA section 4, "e quirin g that manu fact urers and processor s of E&P Chemicals conduct acute and c hroni c toxiCity studie s s uffi cie nt t o characterize and eva lu ate th e h aza rd s and potential hea lth a nd e nviro nm e ntal effec t s associa t e d with the su bsta n ces and mi xtures they manufacture and process for lise in oil a n d gas ex ploration and produ c ti on. A TS CA sec tion 4 rule may require tes ting o f (1) effects on hum a n res piratory, neuro l ogical, cardiovascu l ar, r eprod ucti ve, gas tr o int est in a l , endocrine, se n sory, an d immune sys te m s, including cancerous and developmenta l e ff ec ts; a nd (2) effec ts o n te rres trial and aquatic life and water, so il , and air qualityw , A ml e ad o pted und e r this sec tion mu s t function to ensure that E P A an d th e public can full y eva lu a te th e h azard s of a ll
"" See 15 Us.c. § 2603(b){2)(A) - 1 8

­ 156 WILLIAM S TREET
. SUI TE 800 N E W YORK, NY 10038-5326 T : 2 1 2.791 .1881 F: 2 12. 918 .1 556 E: neoffi ce@e arth]ustice.org W: www.earthj ustlce.o r gsubstances and mixtures used in oil and gas exploration and production and thereby determine whether those substances and mixtures may pose an unreasonable risk of harm to health and the environment. In addition, this rul e must requ ire the i·d e ntification of eac h chemical substance or mi x ture for which testing is performed. JU) EPA h as ample and sufficient basis to issue a TSCA section 4 test rule. First, as illustrated in detail in section V above, E&P Chemicals meet th e requirements in sec lion 4(a) th a t "the manufacture, distribution in commerce, processing, u se, or disposal of a chemical substance or mixture, or that any combination of such activities, may present an unreasonable risk of injury to health or the environment."II" Second, the significant volume of E&P Chemicals necessary to fracture a single well, combined with the number of w e lls anticipated throughout the United States, demonstr ate that E&P Chemicals also meet the requ irements of section 4(b) for an "exposure " finding, under which EPA shall by rule require that testing b e conducted on a chemical substance or mixture that "is or will be produced in substantial quanti ties."]()5 B. Section 8(a) Reporting Petitioners reque s t that EPA adopt a rule pursuant to TSCA seclion 8(a) to require manufacturers and processors of E&P Chemicals to maintain certain records and submit to EPA reports on those records. SpeCifically, insofar as known to the person making the reports or insofar as rea so nably ascertainable to that person, a rule issued pursuant to TSCA sec tion 8(a) concerning the chemical substances and mixtures used in oil and gas exploration or production should require maintenance of records and reporting with respect to the follov.,ring information: 1. The common or trade name, the chemical identity, and the molecular structure of each chemical substance or mixture for which such a report is required; 2. The categories or propos e d categories of use of each substance or mixture; 3. The total amount of each substance or TIlixture manufactured or processed, reasonable estimates of the total amount to be manufactured or processed, the amount manufactured or processed for each of its categories of use , and reasonab le esti mates of the amount to b e manufacture d or proces sed for each of its categories of use or proposed categories of use; 4. A description of the byprod ucts resulting from the manufacture, processing, use, or disposal of each such substance or mi xture; 5. All existing data concerning the environmental and health effects of s u ch substance o r mixture;

103 See iri. § 2603(b)(l)(A). II" [ri

. § 2603(0)(1 )(A)(i). l OS [ri. § 2603(a)(1 )(8)(i).

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­ 156 WILLIAM STREET, SUITE 800 NEW YORK, NY 10038-5326 T: 212.79 1.1 881 F: 212.918.1556 E: neoffice @ea rthjustice o r g W : www.earth Ju stlce.org6. The number of individuals exposed, and reasonable estimates of the number \vho will be exposed to such substance or mixture in their places of employment, including the duration of such exposures; and 7. The lTIanner or method of disposal of any slich substance or mixture. Submission of this information is necessary for the effective enforcement of TSCA
. In issuing a rule under TSCA section 8(a), EPA sliould consider the need to require periodic reporting as needed to account for all new substances and mixtures as well as for significant new information obtained by manufacturers and processors ' , vith respect to existing substances and mixtures. C. Section 8(c) Call-In Under TSCA section 8(c) and 40 C.F.R. section 717.12, chemical manufacturers, processors, and dish"ibutors must record and maintain all significant adverse reactions to human health or to the environment that are reported to or known by them and that are alleged to have been caused 

### by chemical substances or mixtures that they manufacture, process, or distribute. A significant adverse reaction is one "that may indicate a substantial impairment of normal activities or long-lasting or irreversible damage to health or the environment. "1Gb Petitioners request that EPA exercise its authority under 40 C.F.R. section 717.17 and request submission of copies of any information related to significant adverse reactions to human health or the environment alleged to have been caused by E&P Chemicals manufactured, processed, or distributed by the following companies: 1. Baker Hughes d/b/a AquaNess Chemical and B) Services Company"" 2. Halliburton Energy Services, Inc. HI8 3. Schlumberger Technology Corporation "" 4. RPC Inc. d/b/a Cudd Energy Services 5. Superior Well Services, Inc. 11II

106 40 C.F.R. § 717.3(i). 107 Petitioners are aware that Baker Hughes has acquired B) Services Company
. This request encompasses all records maintained by B) Services Compilny prior to the acquisition as \-vell ilS all records maintained by BLiker Hughes folluwing the acquisition. lOS EPA's request should make it clem that the reports from Halliburton Energy Services must include all allegations that it has received related to its chemical substances and mixtures as manufactured by Halliburton Energy Services (in the United Stiltes and the United Kingdom) and Halliburton Australia Pty Ltd. lU9 EPA's request should make it clear that the reports from Schlumberger Technology Corporation must include all allegations it has received related to its chemical substances and mixtures as manufactured by Schlumberger Technology Corpuration in the United States, Schlumberger Canada, Ltd., and Schlumberger Ltd.

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­ 156 WILLIAM STREET, SUITE 800 NEW YORK, NY 10038-5326 T, 212 791.1881 F,212.918.1556 E: neoffice@earthjustice.org W: www.earthjustlce.org6. Sanjel USA 7. Weatherford International Ltd." 1 8. Calfrac Well Services 9. Frac Tech Services Petitioners believe these companies are the primary rnanufacturers, processors, and distributors of 

### E&P Chemicals in the United States. Because a request involving nine entities "vQuld not be subject to the Paperwork Reduction Act notice requirements, EPA could act quickly.l12 D. Section 8(d) Submission Request Petitioners request that EPA adopt a rule pursuant to TSCA section 8(d) to require manufacturers, processors, and distributors of E&P Chemicals to submit to EPA lists and copies of all existing health and safety studies conducted or initiated by or for them, known to them, or reasonably ascertainable by them. Health and safety studies are defined broadly under EPA's regulations as "any study of any effect of a chemical substance or mixture on health or the environment or both, including underlying data and epidemiological studies, studies of occupational exposure to a chemical substance or mixture, toxicological, clinical, and ecological or other studies of a chemical substance or mixture, and any test performed under TSCA." 113 Petitioners request that this rulemaking encompass all health and safety studies related to any substance or mixture used in oil and gas exploration or production, including, as called for under 40 C.F.R. section 716.3, the identity of the chemical substances and mixtures'I.1 Submission of health and safety studies related to all E&P Chemicals is necessary to ensure that substances and mixtures do not present an unreasonable risk of injury to health or the environment.

"oPetitioners are aware that Nabors Industries Ltd. recently acquired Superior Well Services, Inc. This request encompasses all records maintained by**Superi~r** Well Services, Tnc. prior to the i:lcquisition i:lS well as all records maintained by Superior Well Services, Inc. and Nabors Industries Ltd. fnllovving the acquisition. I I I EPA's request should make it clear that the reports from Weatherford International Ltd. must include all allegations that it has received related chemical substances and mixtures manufuctured by its subsidiary, Clearwater International, LLC. I" See 44 U.s.c. § 3502(3)(A)(i) (defining a "collection of information" subject to regulation under the Paperwork Reduction Act ns a request imposed on ten or more persons). I" 40 C.F.R. § 716.3 11.\ Sec irl. ("It is intended that the term health and safety study be interpreted broadly. Not only is information which arises as <l result of n formal, disciplined study included, but uther informntion relating to the effects of a chemical substance or mixture on health or the environment is also included. Any data that bear on the effects of a chemical substance on health Of the environment would be included. Chemical identity is part of, or underlying data to, a health and safety study.")

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­ 156 WILLIAM STREET, SUITE 800 NEW YORK. NY 10038 - 5326 T,212.791.1881 F,212.918.1556 E: neoffice@eart h justice.org W : www.earthjustice.org

### VII
. Conclusion In the absence of rulemakings pursuant to TSCA sections 4 

### and 8, 

### EPA and the public lack the information necessary to assess the potential health and environmental effects of E&P Chemicals. To hold manufacturers, processors, and distributors of E&P Chemicals accountable for the consequences of placing their products into commerce, Petitioners respectfully request that EPA initiate rulemakings under TSCA sections 4 

### and 8. 

### Respectfully submitted,

# D~=b~~ Megan Klein Earthjustice 156 William Street, Suite 800 New York, NY 

### 10038 Phone: (212) 791-1881 x8227 

### Fax: (212) 918-1556 dgoldberg@earthjustice.org On behalf of signatory organizations listed on the following pages Enclosure

. cc: Wendy Cleland-Hanmett Office Director, EPA Office of Pollution Prevention and Taxies '

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­ 156 WILLIAM STREET. SUITE 800 NEW YORK, NY 10038·5326 T: 212 . 791.1881 F: 212.918.1556 E: ncolfice@earthjlJstice.org W: www.earthjusticc.orgMaureen Dill Facilitator Advocates for Morris Morris, New York Matthew S. Tejada, PhD Execu ti ve Oi rector Air Alliance Houston Houston, Texas Monona Rossol Industrial Hygienist Arts, Crafts & Theater Safety, Inc. New York, New York Jeanette Vosburg President Ballona Network Los Angeles, California Cheryl Johncox Executive Director Buckeye Forest Council Columbus, Ohio Wes Gillingham Program Director Catskill Mountainkeeper Youngsville, New York Rachel Meeropol Staff Attorney Center for Constitutional Rights New York, New York Lois Marie Gibbs, PhD Executive Director Center for Health, Environment & Justice Falls Church, Virginia Harry Levine President Advocates for Springfield Springfield, New York David Moryc Senior Director of River Protection American Rivers Washington, DC Philip S. Wallis Execu ti ve Oi rector Audubon Pennsylvania Harrisburg, Pennsylvania Jeanne Rizzo President and CEO Breast Cancer Fund 

## • San Francisco, California Thomas B. Wilinsky Catskill Citizens for Safe Energy Fremont Center, New York
Rebecca Noblin Alaska Director Center for Biological Diversity Anchorage, Alaska Caroline Cox Research Director Center for Environmental Health Oakland, California Gary Simpson President Chatham Citi ze ns for Effective Communities, Inc. (CCEC) Pittsboro, North Carolina

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­ 156 WILLIAM STREET, SUITE BOO NEW YORK , NY 10038-53 26 T: 212.791.1881 F; 212.918. 1556 E: neoffice@earth ) usti ce .org W: www.earthjus tice . org

## ..

Ell e n R e ndulich Direc tor Citi ze n s Aga in st Ruining the E n v ir onment Lockport, Illin o is Barbara]. Warren Executi ve Director Citi ze n s' Environmental Coalition Albany, New York Deb T h omas Organizer C la rk Resource Council Clark, Wyoming Ann Brews ter We eks Lega I Di rector Cl ea n Air Task Force Boston, M assachusetts H o p e Taylor, MSPH Executive Director Cl ea n Water For N or th Carolina Du rham, North Carolin a Elyse Kun z C o -Fo under Community A dvocate s for Safe Emi ss io n s, In c. Rave n a, New York

Be rn ard H a ndler S p okes p erso n D a mas c li s Watch Damascus, P e nn sylva ni a S tep h e n M. Brittle P resi d e nt D o n't Waste A ri zo na Phoe ni x, A ri zo na Sara h Ecke l Leg is la ti ve & Po licy Dire c tor C iti ze n s Campaign fo r the E n viron m e nt Sy raclIse, N ew York Vera Sc roggin s C itiz e n s f o r Clean Wate r Brackney, Penn sy lv ania

Jose ph O. Mi n o tt, Esq. E

xec uti ve Director Clean A ir Council Phil ad e lphia , Penn sy lvani a Ly nn Thorp National C aInp aign s C oo rdinato r C lea n Water Action Washington, DC Elizabeth Wheel e r Staff Attorney C lean Wisconsin 1vladison, Wisconsin Mic h ae l As hkin Associ a te Profe sso r o f Economic s a nd Public Po li cy Co rpora te To xic s Information Project, University of Massachusetts Amhe rs t Am h e rs t, Massachu se tts Tracy Carluccio Deputy Director Delaware Ri ve rk eepe r Ne twork Bri s tol , Pennsylvania Jim Sc hermbeck Director D o \, v ll w inci e r s at Ri sk Dall as -Ft. Worth, Te xas

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­ 156 WILLIAM STREE T, S UITE 800 NEW YORK, NY 10038 -5326 T : 212.791. 1881 F : 212.918.1 556 E: n eol fic e@ear thjustice.org W : www. ea rthj ustlce. orgMargaret McCasland Convenor Earthcare Committee, Ithaca Monthly Meeting, Religious Society of Friends (Quakers) Ithaca, New York Judy Braiman Pre s ident Empire State Consumer Project Rochester, New York Richard A. Denison Senior Scientist Environmental Defense Fund Washington, DC Ellen Z. Harrison Director Fleased Ithaca, New York Julie Huntsman Spokesperson Fly Creek/Otsego Neighbors Fly Creek, New York Kathleen G. Hundley, M.Ed. President Friends of the Rocky River (FORR) Chatham County, North Carolina

Roberta Frampton Benefiel Vice President Grand Riverkeeper Labrador, Inc. Happy Valley-Goose Bay, Canada Jennifer Krill Executive Director Earthworks Washington, DC

Brian Segee Staff Attorney Environmental Defense Center Santa Barbara, California Elsie Rhodes Pastor First Presbyterian Church Cooperstovvn, New York Joyce Tarnow President Floridians for a Sustainable Population, Inc. Cross City, Florida Barbara Jarmoska President Freshlife, Inc. Williamsport, Pennsylvania Sheila Cohen Outreach Chair Gas Drilling Awareness for Cortland County (GDACC) Cortland County, New York Stephen Ashkin Executive Director Green Cleaning Network Blomnington, Indiana

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### •

Vickie He nne s sy President Gree n Environmental Coaliti on (GEC) Ye llow Springs, Ohio Rachel Lincoln Sarnoff Interim Exec utive Director/CEO Hea lthy C hild Healthy World Los Ange les, California Brian Sauder Policy Coordinator Illin o is Interfaith Power and Li g ht Champaign, Illinois S tan Kotala, M.D. Conservation Chair juniata Valley Audubon Hollidays burg, Pennsylvania Olivia Thorne P residen t League of Women Voters of Pe nn sy lvania Harris burg, Penn sy lva nia j e rry Renning Chairman M ichiga n Citizens Against To xic S ub s ta nces (MCATS) Milan, Michigan Ki mb erl ee Wright Executive Dire ctor Midw es t Environmenta l Advocates Madison, Wisconsin Dan iel Rosen berg Se ni or A ttorney Natura l Re s ources Defen se Counci l (NRDC) New York, New York Elaine Chiosso, Haw Riverkeeper Haw River Assemb ly Bynum, North Carolin a
Debra Hall Founder Hopewell junction Citi ze ns f o r Clean W a ter Hopewell junction , N ew York jame s R. Nelson, MS Executive Director Illinois Public Health Association Springfield, Illinoi s Betsey Swan Pres ident League of Women Voter s of New York State Albany, New York judy Duffy 

### Advocacy Chair League of Women Voters of th e United S tates Wa s hington, DC Drew j
. Koslow Choptank Riv e rkeep e r Midshore Riverkeeper 

### Co n serva n cy Easton, Mary land

Todd Kostyack Vice President, Wildlif e Conservation Nationa l Wildlife Fe d era tion Was hin gto n, DC Gradie McCallie Policy Director NC Conservation Network Ral e igh , N orth Carolina

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­ 156 WILLIAM STR EET. SU ITE 800 NEW YORK. NY 1003 8-5326 T: 2 12.791.1881 F : 212 . 918 .1 556 E : neoffice@earthjust i ce.org W: www.ea rth jus tlce.orgVa nessa Pesec President Network for Oil an d Gas Accounta bili ty and Protectio n (N EOG AP) Concord Township, Ohi o Gav in K e arney Direc to r of Environmental Ju s tic e New York Lawye r s for the Public Interest New York, New Y ork

Re b ecca Roter Northern Tier Impacted Citizens Coa liti o n (NTlCC) Ki n gs ley, Pennsylvania Patrice McDermott Director Openthegovernment.org W as hin gto n, DC John Fento n Chair Pavilion A rea Concerned Citizens Pavilion, Wyoming Jan Ja rre tt President PennFuture Harrisburg, Penn sy lvania

Ro n Evans Chair Pe nn sy l va ni a Environmental Defen se Fo u ndatio n Camp Hil l, Pennsylvania Ri ck Engler Director New Jersey Wo rk En v iro nm e ntal Council Trenton, New Jer sey
Mich ael Lebron Principal New Yorkers for S u s tain ab le Energy So luti o n s Statew ide New Yo rk , New York Sea n Moulton Direc tor, Federal Inf o rm a ti on Po li cy OMB Wa tch Washington, DC Nico le A. Dillingham Pre s ident, Board of Directors Otsego 2000, Inc. Coo per s town, New York Maria Pa ya n Director Peach Bo ttom Concerned Citizens Group De lt a, Penn sy lvania Patricia Eakin President Pennsylvania Assoc iati o n of Staff Nurses and A lli ed Profess iona ls Conshohocken, Penn sy lv an ia Richard A. Martin Coo rdin ator Penn sy lvan ia Forest Coalition Harrisburg, Penn sy lvania

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. 9 1 8. 1 556 E: neoffice@earthjust ic e . org W: www.earthjustlce.org\

Melian McKee Directo r Poss ibiliti es Retreat tvlontoursville, Pennsylvania
Kevin Lind Direc to r Powd e r River Basin Resource Council Sheri dan , Wyom in g Jeff Ruch Executive Director Public Employees for Environmenta l Responsibility (PEER) W as hin g ton , DC Ra lph Kisberg Pres id e nt Respons ibl e Drilling Alliance Willi a m s port, Pennsylvania Allegra Schecter Found e r Roseboom Owners Awareness Res po nse (ROAR) Ro seboo m, New York Christine Canaly Director San Luis Valley Ecosystem Council Alamosa, Colorado Charles Winterwood, Chair, Sierra Club Nationa l Tax ies Committee Debora h J
. Nardone, Director, N a tura l Gas Reform Campa ign Si e rra Club San Fra nci sc o, California Jeff Ke lbl e S hen a ndoah Ri ve rkeep e r P oto mac Riverkeep e r In c . (DBA S h e nand oa h Riv e rkeeper ) Boyce , Virginia Traci Barkley Water Resources Scientist Prair ie Rivers Netvvork Champaign, Illinoi s Brian Urba sz ewski Direc tor of Environmental H ea lth Program s Re s piratory Health Association of M e tropolitan Chicago Ch icago, Illinoi s Kate I-Iudson Watershed P rogram Directo r Riverkeeper Oss inin g, New York Da n Randolph Executive Director Sa n Juan Citizen s A lli ance Durango, Colorado

Robert Nied Co-Director Schoharie Valley Watch Richmondville, New York Gopa Ross Oil a nd Gas Committee C h a ir S ierra Club Rocky Mountain Ch a pter De nv e r, Colora do



### - 2 8

­ 1 56 W I LLIAM STREET, SU I TE 800 NEW YORK, NY 100 38-5326 T,212.79 1. 188 1 F, 212.918. 1 556 E: neoff ic e@earthjustlce.org W: www.e art h]u stice .orgPeter J. Wray Chair, Conservation Committee Sierra Club, Allegheny Group Pittsburgh, Pennsylvania

JeffTittel Director Sierra Club, New Jersey Chapter Trenton, New Jersey Liz Kirchoffer Pectol President and CEO Southern Sustainable Resources Charleston, South Carolina

Adrian Kuzminski Moderator Sustainable Otsego Cooperstown, New York Renee Hoyos Execli ti ve Oi rector Tennessee Clean Water Network Knoxville, Tennessee

Darlene Schanfald The Olympic Environmental Council Sequim, Washington

John L. Barone Vice President of Conservation Theodore Gordon Flyfishers, Inc. New York, New York Roderick Jude Chair Sierra Club, Montana Chapter ivlissoula, Montana

Thomas Au Conservation Chair Sierra Club, Pennsylvania Chapter Harrisburg, Pennsylvania Michael Helfrich Lower Susquehanna Riverkeeper Guy Alsentzer, Dir. Stewards of the Lower Susquehanna York, Pennsylvania William Callahan Founder and Owner Tamalpais NatureWorks San Rafael, California Juan Parras Executive Director Texas Environmental Justice Advocacy Services (T.E.J.AS ) Houston, Texas Thomas Ryder, CWB President The Wildlife Society Bethesda, Maryland Elizabeth G. Thomas Chair Tompkins County Council of Governments Gas Drilling Task Force Tompkins County, New York

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­ 156 WILLIAM STREET. SUITE 800 NEW YORK

. NY 10038 - 5326 T : 2 12.791.1881 F : 212.918. 1 556 E: neoff i ce@earthjustice.org W: www.earthjustice orgFawn Pattison Executive Director Toxic Free North Carolina Raleigh, North Carolina

Larraine McNulty President Upper Unadilla Valley Association West Winfield, New York Susan Van Doisen Co-Organizer Westchester for Change Harrison, New York Jeremy Nichols Director, Climate and Energy Program Wild Earth Guardians Santa Fe, N e w Mexico Rita Yelda Organizer WNY Drilling Defense Buffalo, New York Monona Rossol Safety Officer United Scenic Artist's, Local USA82-­ International Alliance of Theatrical Stage Employes (IATSE) New York, New York Nicholas Occhipinti Policy and Community Activism Director West Michigan Environmental Action Council Grand Rapids, Michigan Gretchen Nicholoff President Western Colorado Congress Grand Junction, Colorado Sloan Shoemaker Executive Director Wilderness Workshop Carbondale, Colorado Erin Switalski Executive Director Women's Voices for the Earth Missoula, Montana

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## , 3 ... - ..**;~** 156 WI LLIAM STR EET, SU ITE 800 NEW YQR K, NY 10038-5326 

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_ __**.:- ~Jl** **J21 .1881**  F : 212.918.1556 E: neoffice@earthjus tice.o rg W : www.earthjustice org