Rin2070-AJ93_HF-ANPR_FRdocument_FinalRedline_AllRevisions_2014-05-08.docx 

Revised to address Interagency Comments received under EO 12866 Review.

14T-0069 

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1 Billing CodeBILLING CODE 6560-50-P 

2 ENVIRONMENTAL PROTECTION AGENCY 

3 40 CFR Chapter 1I, Subchapter R 

4 [EPA-HQ-OPPT-2011-1019; FRL-XXXX-X9909-13]

5 RIN 2070-AJ93 

6 Hydraulic Fracturing Chemicals and Mixtures 

7 AGENCY: Environmental Protection Agency (EPA). 

8 ACTION: Advance notice of proposed rulemaking (ANPR)..

9 SUMMARY: In its response to a citizen petition submitted under section 21 of the Toxic 

10 Substances Control Act (TSCA), EPA indicated that as a first step, it would convene a 

11 stakeholder process to develop an approach to obtain information on chemical substances and 

12 mixtures used in hydraulic fracturing. To gather information to inform EPA’s proposal, the 

13 agencyAgency is issuing this advance notice of proposed rulemaking (ANPR) and initiating a 

14 public participation process to seek comment on the information that should be reported or 

15 disclosed for hydraulic fracturing chemical substances and mixtures and the mechanism for 

16 obtaining this information. This mechanism could be regulatory (under TSCA section 8(a) and/or 

17 section 8(d)), voluntary, or a combination of both, and could include best management practices, 

18 third-party certification and collection, and incentives for disclosure of this information. In 

19 addition, the agencyAgency is seeking comment on ways of minimizing reporting burdens and 

20 costs and of avoiding the duplication of state and other federal agency information collections, 

21 while at the same time maximizing data available for EPA risk characterization, external 

22 transparency, and public understanding. Also, EPA is soliciting comments on incentives and 

23 recognition programs that could be used to support the development and use of safer chemicals 

24 in hydraulic fracturing. 
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25 DATES: Comments must be received on or before [insert date 6090 days after date of 

26 publication in the Federal Register]. See Unit III. for meeting dates and procedures associated 

27 with the meetings.

28 ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA29 HQ-OPPT-2011-1019, by one of the following methods: 

30 • Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions 

31 for submitting comments. 

32 • Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics 

33 (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 

34 20460-0001. 

35 • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed 

36 information, please follow the instructions at http://www.epa.gov/dockets/contacts.htmhtml. 

37 Additional instructions on commenting or visiting the docket, along with more 

38 information about dockets generally, is available at http://www.epa.gov/dockets.

39 FOR FURTHER INFORMATION CONTACT: 

40 TechnicalFor technical information contact: Mark Seltzer, Chemical Control Division (7405M), 

41 Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 

42 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (202-) 564-2901; 

43 email address: seltzer.mark@epa.gov.

44 GeneralFor general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 

45 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: 

46 TSCA-Hotline@epa.gov. 

47 Public meeting coordinator: Mark Seltzer; telephone number: 202-564-2901; email 

48 address: seltzer.mark@epa.gov. 
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49 SUPPLEMENTARY INFORMATION: 

50 I. General Information 

51 A. Does this Action Apply to Me? 

52 This action is directed to the public in general. This action, however, may be of interest to 

53 you if you manufacture (including import), process, or distribute chemical substances or 

54 mixtures (Ref. 1) used in any type or method of hydraulic fracturing. This may include 

55 businesses that fallsfall under North American Industry Classification System (NAICS) codes 

56 2111 (Oiloil and Gas Extractiongas extraction) and/or 2131 (Support Activitiessupport activities

57 for Miningmining). EPA anticipates that this ANPR may also be of interest to states, tribes, and 

58 other industries. Since otheradditional entities may also be interested, the agencyAgency has not 

59 attempted to describe all the specific entities that may be interested in this action. 

60 B. What Should I Consider as I Prepare My Comments for EPA? 

61 1. Submitting confidential business information (CBI). Do not submit this information to 

62 EPA through regulations.gov or email. Clearly mark the part or all of the information that you 

63 claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the 

64 outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD65 ROM the specific information that is claimed as CBI. In addition to one complete version of the 

66 comment that includes information claimed as CBI, a copy of the comment that does not contain 

67 the information claimed as CBI must be submitted for inclusion in the public docket. Information 

68 so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 

69 2. Tips for preparing your comments. When submitting comments, remember to: 

70 i. Identify the document by docket ID number and other identifying information (subject 

71 heading, Federal Register date and page number). 

72 ii. Follow directions. The agencyAgency may ask you to respond to specific questions or 
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73 organize comments by referencing a Code of Federal Regulations (CFR) part or section number. 

74 iii. Explain why you agree or disagree; suggest alternatives and substitute language for 

75 your requested changes. 

76 iv. Describe any assumptions and provide any technical information and/or data that you 

77 used. 

78 v. If you estimate potential costs or burdens, explain how you arrived at your estimate in 

79 sufficient detail to allow for it to be reproduced. Likewise, if you estimate the universe of 

80 affected reporters, explain how you arrived at your estimate in sufficient detail to allow for it to 

81 be reproduced. 

82 vi. Provide specific examples to illustrate your concerns and suggest alternatives. 

83 vii. Explain your views as clearly as possible, avoiding the use of profanity or personal 

84 threats. 

85 viii. Make sure to submit your comments by the comment period deadline identified. 

86 II. Background 

87 EPA received a petition from Earthjustice and 114 other groups on August 4, 2011, 

88 requesting that EPA issue TSCA section 4 and TSCA section 8 rules requiring toxicity testing of 

89 chemicals and mixtures used in oil and gas exploration and production,; reporting ofto EPA, 

90 among other things, to EPA the identity of those chemicals and mixtures,; and submitting to EPA 

91 health and safety studies on the chemicals and mixtures (Ref. 2). On November 2, 2011, EPA 

92 provided an initial response to the petition (Ref. 3). In that response, EPA denied the TSCA 

93 section 4 request for issuance of a test rule because the petition did not set forth sufficient facts to 

94 conclude that it was “necessary to issue” the requested TSCA section 4 rule, as required by 

95 TSCA section 21(b)(1). On November 23, 2011, EPA granted in part and denied in part the 

96 TSCA section 8(a) and section 8(d) requests by limiting the scope from chemicals and mixtures 
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97 used in all processes of oil and gas exploration and production to chemical substances and 

98 mixtures used in hydraulic fracturing (Refs. 4, and 5). EPA published a noticedocument with the 

99 agency’sAgency’s rationale for its response to the petition in the Federal Register (78 FR 

100 41768,of July 11, 2013) (FRL 9339–4 (Ref. 5). To facilitate public comment, the agencyAgency

101 stated its intent to publish an ANPR to identify key issues for further discussion and analysis. 

102 EPA maintains continuing coordination with its Federal partners in planning information 

103 reporting rules that will complement the Bureau of Land Management’s (BLM) proposed 

104 regulation: Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands (78 FR 31636, May 

105 24, 2013). ABLM subsequently issued a supplemental proposal and extension of comment 

106 period published in the Federal Register offor that proposed rule (78 FR 34611, June 10, 2013

107 (78 FR 34611). The intent of these dialogues is to ensure both EPAEPA’s and BLM’s efforts 

108 provide useful information for assessment and disclosure purposes, while not overly burdening 

109 reporting entities. 

110 A. What Action is the Agency Taking? 

111 With this ANPR, EPA is initiating a stakeholder process to request input on various 

112 aspects of obtaining information on chemical substances and mixtures used in hydraulic 

113 fracturing, including for oil and gas exploration and production to further the purposes of TSCA 

114 (TSCA section 2 sets forth the findings, policy, and intent of Congress in enacting TSCA) and 

115 other federal government objectives that can be informed through this process. As part of this 

116 effort, EPA seeks input on appropriate disclosure to ensure transparency of that information 

117 about the chemicals and mixtures used in hydraulic fracturing activities. is provided to the public 

118 in a transparent fashion. These activities include the injection of water, chemicals, proppant, 

119 and/or tracers to prepare geologic formations for hydraulic fracturing, complete a hydraulic 

120 fracturing stimulation stage, evaluate the extent of resulting fractures, or ensure future ability to 
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121 continue enhancement of production through stimulation by hydraulic fracturing. During each 

122 hydraulic fracturing stimulation stage, pressurized fluids containing carrier fluids such as water 

123 or gas and any combination of proppant and chemicals are injected into wells to fracture portions 

124 of the formation surrounding a selected well section. As discussed in more detail in Unit IV., 

125 EPA is requesting comment on the information that should be obtained or disclosed and the 

126 mechanism for obtaining or disclosing this information ofabout chemicals and mixtures used in 

127 hydraulic fracturing. This mechanism could be regulatory (under TSCA section 8(a) and/or 

128 section 8(d)), voluntary, (e.g., under the Pollution Prevention Act (PPA) (42 U.S.C. 13101 et 

129 seq.)), or a combination of both. EPA is also seeking comment on best management practices for 

130 the generation, collection, reporting and/or disclosure of public health and environmental 

131 information from or by companies that manufacture, process, or use chemical substances or 

132 mixtures in hydraulic fracturing activities—that is, practices or operations that can be 

133 implemented and verified toward achieving protection of public health and the environment—

134 and whether voluntary third-party certification, and incentives for disclosure could be valuable 

135 tools for improving chemical safety. In addition, the agencyAgency is seeking comment on ways 

136 to minimize reporting burdens and costs, avoid duplication of efforts, and maximize transparency 

137 and public understanding. Finally, EPA is soliciting comments on incentives and recognition 

138 programs that could be used to support the development and use of safer chemicals in hydraulic 

139 fracturing. 

140 In addition to inviting written public comments, EPA has scheduled a webinar and public 

141 meeting for presenting oral comments, and may schedule additional meetings and/or webinars. 

142 Specific information regarding the dates and times of the webinar and public meeting(s) is 

143 included in Unit III. 

144 B. What is the Agency's Authority for this Action? 
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145 TSCA section 8(a) (15 USCU.S.C. 2607(a)) authorizes EPA to promulgate rules under 

146 which manufacturers (including importers) and processors of chemical substances must maintain 

147 such records and submit such information as the EPA Administrator may reasonably require. 

148 TSCA section 8(a) also authorizes EPA to promulgate rules under which manufacturers and 

149 processors of mixtures must maintain such records and submit such information to the extent the 

150 EPA Administrator determines the maintenance of records or submission of reports, or both, is 

151 necessary for the effective enforcement of TSCA. TSCA section 8(a) generally excludes small 

152 manufacturers and processors of chemical substances or mixtures from the reporting 

153 requirements. (See (see 15 U.S.C. § 2507(a).)). This general exclusion has been codified at 40 

154 CFR sections 704.5 and 712.25).. However, EPA is authorized by TSCA section 8(a)(3)(A)(ii) to 

155 require TSCA section 8(a) reporting from small manufacturers and processors with respect to 

156 any chemical substance or mixture that is the subject of a rule proposed or promulgated under 

157 TSCA section 4, 5(b)(4), or 6, or that is the subject of an order in effect under TSCA section 

158 5(e), or that is the subject of relief granted pursuant to a civil action under TSCA section 5 or 7. 

159 TSCA section 8(a) also notes that, to the extent feasible, the EPA Administrator must not require 

160 reporting under TSCA section 8(a)(1) that is unnecessary or duplicative. 

161 TSCA section 8(d) (15 USCU.S.C. 2607(d)) authorizes EPA to require the submission of 

162 lists of health and safety studies conducted or initiated by or for, or known to or reasonably 

163 ascertainable by manufacturers, processors, and distributors of (and any person who proposes to 

164 manufacture, process, or distribute) any chemical substance or mixture. Certain types or 

165 categories of studies may be excluded “if the Administrator finds that submission of lists of such 

166 studies are unnecessary to carry out the purposes of [TSCA].” See]” (see TSCA section 

167 8(d)(1).)). TSCA section 8(d) also authorizes EPA to require the submission of copies of studies 

168 on these lists or copies of studies that are otherwise known by the person submitting the list. 
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169 The Pollution Prevention Act (PPA) (42 U.S.C. 13101 et seq.) makes pollution 

170 prevention the national policy of the United States. The PPA identifies an environmental 

171 management hierarchy in which pollution "“should be prevented or reduced whenever feasible; 

172 pollution that cannot be prevented should be recycled in an environmentally safe manner, 

173 whenever feasible; pollution that cannot be prevented or recycled should be treated in an 

174 environmentally safe manner whenever feasible; and disposal or release into the environment 

175 should be employed only as a last resort* * *" (42 U.S.C. 13103). ...” (42 U.S.C. 13103). 

176 Among other requirements, the PPA directs EPA to develop improved methods of coordinating, 

177 streamlining and assuring public access to data collected under Federal environmental statutes; 

178 facilitate the adoption of source-reduction techniques by businesses; and establish an annual 

179 awards program to recognize a company or companies that operate outstanding or innovative 

180 source reduction programs.

181 III. III. Public Participation 

182 With this document, EPA is requesting certain information related to chemical substances 

183 and mixtures used in hydraulic fracturing and announcing its plans to involve stakeholders in 

184 gathering information to help the agency in determining what information on chemical 

185 substances and mixtures should be reported to EPA. EPA is also requesting stakeholder input on 

186 the contours of the mechanism for such reporting to the agency or third-party certifiers and 

187 public disclosure; including the extent it could or should rely on voluntary approaches apart from 

188 or in conjunction with a regulatory mechanism established under TSCA section 8(a) and section 

189 8(d). This document contains specific questions and requests for comment in Unit IV. EPA 

190 intends to involve stakeholders through one or more webinars and a public meeting. EPA has 

191 scheduled a public meeting in Washington, DC and may add other locations. Stakeholders are 

192 encouraged to respond to these requests and provide comment on any other matters pertaining to 
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193 the content of this document. 

194 A. Webinar Date and Time 

195 A webinar has been scheduled for Month xx, 2014, from x a.m. to x p.m Eastern 

196 Standard Time. Further information on computer system requirements, and how to register and 

197 access the webinar can be found at the following website: 

198 http://www.epa.gov/hydraulicfracture/#outreach. 

199 B. Meeting Date and Location 

200 A public meeting has been scheduled for Month xx, 2014, from x a.m. to x p.m in 

201 Washington, DC. The meeting will be held at the Environmental Protection Agency, William 

202 Jefferson Clinton East, Room 1153, 1201 Constitution Ave., Washington, DC 20460. If EPA 

203 determines there is sufficient public interest, additional meeting locations and additional dates 

204 may be added. For updates on additional meetings and meeting logistics, please see the web site: 

205 http://www.epa.gov/hydraulicfracture/#outreach and related Federal Register notices. 

206 C. Meeting Procedures 

207 The meeting(s) will be open to the public. To ensure that all interested parties have an 

208 opportunity to comment in the allotted time, oral presentations or statements will be limited to 5 

209 minutes. EPA therefore recommends that stakeholders who present oral comments also submit 

210 written comments following the instructions provided under ADDRESSES. 

211 Stakeholders interested in attending a meeting are invited to pre-register at the following 

212 website: http://www.epa.gov/hydraulicfracture/#outreach at least 3 days prior to the meeting. 

213 Pre-registering will allow EPA to improve meeting planning. Registered attendees requesting to 

214 make an oral presentation will be placed on the commenting schedule and receive a time slot in 

215 which to give comments. Time slots are limited and will be filled on a first-come, first-served 

216 basis. 
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217 Special Accommodations: Any person needing special accommodation at a public 

218 meeting, including wheelchair access or sign language translator, should contact the public 

219 meeting coordinator listed under FOR FURTHER INFORMATION CONTACT. Requests for 

220 special accommodations should be made at least 5 days prior to the meeting, in order to give 

221 EPA sufficient time to process your request. 

222 Overview of Information Collection Authority under Sections 8(a) and 8(d) of TSCA

223 A. TSCA Section 8(a)

224 TSCA section 8(a) gives EPA authority to require, by rulemaking, chemical 

225 manufacturers and processors to maintain records and submit to EPA such reports as EPA may 

226 reasonably require, including reports concerning the following, insofar as it is known to or 

227 reasonably ascertainable by the person making the report:

228  The common or trade name, the chemical identity, and the molecular structure of each 

229 chemical substance or mixture for which such a report is required.

230  The categories or proposed categories of use of each chemical substance or mixture. 

231  The total amount of each chemical substance or mixture manufactured or processed, 

232 reasonable estimates of the total amount to be manufactured or processed, the amount 

233 manufactured or processed for each of its categories of use, and reasonable estimates of the 

234 amount to be manufactured or processed for each of its categories of use or proposed categories 

235 of use. 

236  A description of the byproducts resulting from the manufacture, processing, use, or 

237 disposal of each chemical substance or mixture. 

238  All existing data concerning the environmental and health effects of each chemical 

239 substance or mixture. 

240  The number of individuals exposed, and reasonable estimates of the number who will 
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241 be exposed, to each chemical substance or mixture in their places of employment and the 

242 duration of such exposure. 

243  The manner or method of disposal of each chemical substance or mixture, and any 

244 subsequent changes to such manner or method. 

245 B. TSCA Section 8(d) 

246 TSCA section 8(d) authorizes EPA to require manufacturers, processors, and distributors 

247 of any chemical substance or mixture and persons who propose to manufacture, process, or 

248 distribute in commerce any chemical substance or mixture to submit health and safety studies to 

249 EPA. Examples of health and safety studies can be found in 40 CFR 716.3, and include: 

250  Epidemiological or clinical studies. 

251  Studies of occupational exposure. 

252  Health effects studies. 

253  Ecological effects studies. 

254  Assessments of environmental exposure. 

255  Environmental fate studies. 

256  Health and safety studies related to surface or ground water sampling and analyses that 

257 are aggregated and analyzed to measure exposure. 

258 IV. Request for Comment

259 EPA is requesting comment on the design and scope of potential regulatory or voluntary 

260 approaches, or combination of both approaches, to obtain information on chemical substances 

261 and mixtures used in hydraulic fracturing. EPA invites comments on all aspects of this ANPR, 

262 including the description of hydraulic fracturing activities presented in Unit II.A. Comments 

263 should provide enough detail and contain sufficient supporting information in order for the 

264 agencyAgency to understand the issues raised and give them the fullest consideration. Comments 
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265 should include alternatives, rationales, benefits, technological and economic feasibility,

266 (including costs), and supporting data. Supporting information should include any information 

267 that substantiates your conclusions and recommendations, including, but not limited to: 

268 Experiences, data, analyses, studies and articles, and standard professional practices. If referring 

269 to a particular well site as an example, please identify the company name of the well site 

270 operator, well name, latitude and longitude coordinates and American Petroleum Institute (API) 

271 identification number, if available. 

272 A. Overall Approach to Reporting and Disclosure of Chemical Substances and Mixtures Used in 

273 Hydraulic Fracturing 

274 

275 In this ANPR, EPA is seeking comment on what information should be reported to EPA 

276 (or through a CBI cleared third-party certifier) or disclosed publically (by EPA) regarding the 

277 identity, quantities, types and circumstances of uses of chemical substances and mixtures used in 

278 hydraulic fracturing, as well as what types of health and safety studies should be reported or 

279 disclosed. EPA is seeking comment on whether and how if reported, data that are claimed to be 

280 trade secrets, or CBI, could be reported to EPA (or a third-party certifier) and then aggregated 

281 and disclosed while protecting the identities of individual products and firms. EPA is also 

282 requesting comment on the appropriate mix of voluntary disclosure and/or regulatory reporting 

283 mechanisms. The specific types of information that could be reported or disclosed are discussed 

284 in Units IV.C. and IV.G. (It should be noted that TSCA section 8(e) requires manufacturers, 

285 importers, processors, and distributors to provide EPA with information on any of their chemical 

286 substances or mixtures that reasonably supports the conclusion that such substance or mixture 

287 presents a substantial risk of injury to health or the environment.)..

288 EPA is requesting comment on the following questions: 

289 1. Should all information be required to be reported or should there be a voluntary 

290 mechanism for some or all information? 
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291 2. Would a combination of mandatory reporting and voluntary disclosure be effective? If 

292 so, what would that combination consist of? Why? 

293 3. What types of information, if any, should be required to be reported? Why? 

294 4. How could any required reporting activities be designed to better facilitate 

295 compliance? 

296 5. What types of information, if any, should be reported and/or disclosed voluntarily? 

297 Why? 

298 6. What are the best management practices for the generation, collection, reporting 

299 and/or disclosure of information from or by companies? 

300 7. Are there particular systems in place that already use these best management 

301 practices? Please identify these systems. 

302 8. To what extent are these best management practices widely adopted? Please provide 

303 evidence regarding the extent of use of best management practices. 

304 9. How could incentives be structured to ensure effective voluntary disclosure of 

305 information on chemical substances and mixtures used in hydraulic fracturing? 

306 10. Are there incentives that could be used in combination with regulatory requirements 

307 for information disclosure to promote practices that go beyond compliance (e.g., incentives that 

308 encourage reporting in addition to that required by regulation)? 

309 11. What information collection tools and resources are available to support and promote 

310 safer chemical use and other sustainable practices (e.g., some form of cradle-to-grave chemical 

311 management)? Please explain. 

312 12. Should thereWhat factors should be different incentivesconsidered for distinguishing 

313 among different types of companies? for the purpose of incentives? 

314 13. What information collection tools and resources are available to support and,
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315 incentivize practices that, and promote safe and sustainable practices? Please explain. 

316 14. How could collected information be used to better inform chemical safety?safe and 

317 sustainable practices? For example, would providing information or guidance on improved 

318 chemical use across different types of firms involved in hydraulic fracturing better inform 

319 chemical safety?safe and sustainable practices? 

320 15. What mechanisms could be developed to make information that is reported to EPA 

321 publically disclosed and available? 

322 16. How could information reported and/or disclosed under any such mechanism be used 

323 to better inform research and development of chemical substances and mixtures used in 

324 hydraulic fracturing? 

325 B. Who Should Report or Disclose Information on Chemical Substances and Mixtures Used in 

326 Hydraulic Fracturing?

327 

328 TSCA section 8(a) gives EPA authority to require, by rulemaking, chemical 

329 manufacturers and processors to maintain records and submit to EPA reports about chemical 

330 substances and mixtures, as well as environmental and health data on those substances and 

331 mixtures. The hydraulic fracturing industry includes a variety of companies that could be subject 

332 to reporting under TSCA section 8(a). These companies could include chemical manufacturers, 

333 chemical suppliers who engage in processing, service providers mixing chemicals on site to 

334 create the hydraulic fracturing fluids, and service providers responsible for injecting the 

335 hydraulic fracturing fluid into the well to fracture the formation. EPA is requesting comment on 

336 whether, in the context of a potential reporting and/or disclosure program, all or any companies 

337 should be required to report or whether a specific type or types of company (e.g., chemical 

338 supplier) should be required to report and other types (e.g., service provider) be encouraged to 

339 report voluntarily. 

340 1. If any companies are required to report, should different types of companies be 
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341 required to report different data elements? Please explain. 

342 2. Should manufacturers (including importers), processors, or both be required to report 

343 under TSCA section 8(a)? Why or why not? 

344 3. Are there additional North American Industry Classification System (NAICS) codes 

345 in addition to 2111 (Oiloil and Gas Extractiongas extraction) and 2131 (Support 

346 Activitiessupport activities for Miningmining) that would need to be included in order to cover 

347 chemical manufacturers (including importers) and processors in a potential reporting and/or 

348 disclosure program? 

349 4. In what ways do the responsibilities of manufacturers and processors (Ref. 6) overlap? 

350 What activities associated with hydraulic fracturing are carried out by the well operator at the 

351 well site? EPA understands that service providers or well operators often process chemicals at 

352 the drilling site. 

353 5. Would manufacturers (including importers), service providers, well operators, or all 

354 three, know how a chemical substance or mixture is used at well sites? If all types of firms have 

355 this information, which type, if any, should be required to report? If neither well operators, nor 

356 service providers, nor well operators, nor manufacturers (including anyone who imports 

357 chemicals or otherwise undertakes activities that meet the definition of “manufacture” at 40 CFR 

358 704.3) know how a chemical is used at well sites, who would know and how might that use

359 information be obtained? 

360 6. If voluntary mechanisms are used for obtaining information, what mechanisms (e.g., 

361 incentive programs) should EPA consider in order to encourage consistent reporting and/or 

362 disclosure from different types of companies? Would some mechanisms be more effective for 

363 one type of company than another? 

364 7. Should there be different incentives for different types of companies? (e.g., 
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365 manufacturers vs. processors)? 

366 8. What information collection tools and resources are available to support and promote 

367 safe and sustainable practices? Please explain. 

368 C. Scope of Reporting or Disclosure of Information on Chemical Substances and Mixtures Used 

369 in Hydraulic Fracturing 

370 

371 In this ANPR, EPA is seeking comment on the information that should be reported or 

372 disclosed regarding chemical substances and mixtures used in hydraulic fracturing. EPA is 

373 exploring various voluntaryregulatory approaches, regulatoryvoluntary approaches or a 

374 combination of both for obtaining this information. 

375 As described in Unit III.A., TSCA section 8(a) gives EPA authority to require, by 

376 rulemaking, chemical manufacturers and processors to maintain records and submit to EPA such 

377 reports as EPA may reasonably require. TSCA section 8(a) gives EPA authority to require, by 

378 rulemaking, chemical manufacturers and processors to maintain records and submit to EPA such 

379 reports as EPA may reasonably require, including reports concerning the following, insofar as it 

380 is known to or reasonably ascertainable by the person making the report:

381  The common or trade name, the chemical identity, and the molecular structure of each 

382 chemical substance or mixture for which such a report is required.

383  The categories or proposed categories of use of each chemical substance or mixture. 

384  The total amount of each chemical substance or mixture manufactured or processed, 

385 reasonable estimates of the total amount to be manufactured or processed, the amount 

386 manufactured or processed for each of its categories of use, and reasonable estimates of the 

387 amount to be manufactured or processed for each of its categories of use or proposed categories 

388 of use. 

389  A description of the byproducts resulting from the manufacture, processing, use, or 

390 disposal of each chemical substance or mixture. 
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391  All existing data concerning the environmental and health effects of each chemical 

392 substance or mixture. 

393  The number of individuals exposed, and reasonable estimates of the number who will 

394 be exposed, to each chemical substance or mixture in their places of employment and the 

395 duration of such exposure. 

396  The manner or method of disposal of each chemical substance or mixture, and any 

397 subsequent changes to such manner or method. 

398 EPA expects that data obtained could be aggregated to provide a national list of the 

399 chemical substances and mixtures used in hydraulic fracturing, providing the agencyAgency with 

400 the ability to determine which chemicals are used most frequently. For chemicals that have not 

401 been previously well-characterized in terms of their chemical, physical, and toxicological 

402 properties, EPA may conduct research to better understand these properties in order to perform a 

403 basic risk characterization. Information that could be required from manufacturers (including 

404 importers) and processors under a potential reporting program could include: 

405 1. Basic company information (i.e., company name, mailing address, website, and 

406 technical contact information). 

407 2. Steps involved in processing chemicals or mixtures on site before injection. Typical 

408 composition and performance standard of hydraulic fracturing fluid as an end use product, before 

409 injection. 

410 3. Steps involved in processing chemicals or mixtures for reuse, recycling, and/or 

411 reprocessing in the hydraulic fracturing operation. 

412 4. Hydraulic fracturing fluid composition: 

413 i. Common name or trade name of each chemical product in the hydraulic fracturing fluid 

414 and a description of each product’s function. 
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415 ii. Chemical identity (chemical name and Chemical Abstracts Service Registry Number) 

416 of each chemical substance in each product. 

417 iii. Total volume of the carrier fluid and percentage of the carrier fluid that makes up the 

418 total hydraulic fracturing fluid (e.g., water volume and percentage of water in the hydraulic 

419 fracturing fluid). 

420 iv. Actual amount of each chemical substance or product in the hydraulic fracturing fluid 

421 in order to understand the loading (e.g., mass or volume). 

422 5. Production type (i.e., gas and/or oil). 

423 6. Frequency of use of the chemical substance or mixture for hydraulic fracturing (e.g., 

424 number of times or per fracture stage or number of wells). 

425 7. Number of workers exposed or likely to be exposed to the chemical substance or 

426 mixture. 

427 8. All existing data concerning the human and environmental health effects of the 

428 chemical substance or mixture. 

429 9. Some chemical substances and mixtures used in hydraulic fracturing may react to 

430 create other chemical substances and mixtures as products within an on-site mixing apparatus or 

431 in the well that is being fractured. EPA is requesting comments on which reporting elements 

432 should be included: 

433 i. If EPA were to require reporting, how should EPA address chemical substances and 

434 mixtures which are formed on site? Why? 

435 ii. Is there other information obtainable under TSCA section 8(a) that should be included 

436 in a proposed TSCA section 8(a) rule? What are the chemical safety benefits (e.g., potential 

437 reduction of risk to human health and environment) of obtaining this information? Explain. 

438 iii. Should EPA consider including reporting on any combination of water and/or 
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439 chemicals introduced or intended to be introduced into an oil or gas well for the purpose of 

440 maintaining or improving the function and productivity of the well, including recovery methods,

441 (e.g.., acid treatments, corrosion inhibitors, scale reducers, biocides)? Why or why not? EPA is 

442 interested in information regarding the frequency, duration, concentration, and volume of use of 

443 such chemicals or chemical mixtures to enhance the agency’sAgency’s understanding of well 

444 maintenance practices, in order to evaluate the need for additional disclosure. 

445 10. While EPA could require manufacturers and processors to report this information, 

446 the agencyAgency could also encourage companies engaged in hydraulic fracturing to 

447 voluntarily disclose it. EPA is requesting comments on reporting elements which should be 

448 included: 

449 i. Which elements (as discussed earlier in Unit IV.C.), if any, may benefit from being 

450 proposed as part of a TSCA section 8(a) rule? Which elements, if any, may benefit better from 

451 being reported and/or disclosed under a voluntary program? 

452 ii. Are there data elements (from those discussed earlier in Unit IV.C.) for which a 

453 hybridized reporting and/or disclosure system (e.g., some regulatory elements, some voluntary 

454 elements) would be more efficient or beneficial? 

455 D. Use of Third-Parties.

456 EPA is requesting comments on the use of third-parties for the collection of information 

457 on chemical substances used in hydraulic fracturing and/or to certify the use of best practices. 

458 1. Should EPA consider implementing third-party certification (for certifying reporting, 

459 practices and other aspects) and/or third-party collection of information about hydraulic 

460 fracturing operations in addition to or in lieu of a mandatory reporting or voluntary disclosure 

461 program? 

462 2. What would such a certification program look like? 
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463 3. Are there existing programs that already certify best practices? Are they effective? 

464 Are they independent? Could they be improved? How? 

465 4. What should be considered (e.g. standards for third-parties, standards for collecting 

466 chemical information, costs) in implementing a third-party program? 

467 5. How should chemical information be managed by third-parties? Are there specific 

468 roles that third-parties should have in data management? Please explain. 

469 6. How should a third-party certifier be funded? How could perceived or actual bias be 

470 minimized? 

471 E. Reporting Threshold and Frequency of Reporting or Disclosure 

472 EPA is interested in comments regarding the threshold for the size of entities that should 

473 be required or encouraged to report or disclose information on chemical substances and mixtures 

474 used in hydraulic fracturing and environmental and health data on those substances and mixtures. 

475 EPA is also interested in comments regarding how often reporting or disclosure should take 

476 place: 

477 1. Are there thresholds that might be appropriate to limit reporting by small 

478 manufacturers or processors under either a regulatory or a voluntary program (e.g., the thresholds 

479 that define “small manufacturer” in 40 CFR sections 704.3 and 712.25)? Why? If available, how 

480 would the recommended reporting threshold affect cost to the reporting entity? How might 

481 different reporting thresholds affect the usefulness of the data provided? 

482 2. Given possible changes in the composition of hydraulic fracturing fluids over time and 

483 changes in ownership of a well, how often and when should an entity report information to EPA 

484 or publicly disclose it? 

485 3. What would be the effect of changes in the frequency of reporting and/or disclosure 

486 on the overall cost of reporting or disclosure? What would be the effect of changes in level of 
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487 aggregation or other aspects of reporting and/or disclosure? 

488 F. Data Collection Efficiency 

489 EPA believes that any mechanism for reporting and/or disclosure of information on 

490 chemical substances and mixtures should be structured in a manner that minimizes the potential 

491 for duplication and overlap. 

492 1. EPA requests comment on how best to minimize duplicative reporting and/or 

493 disclosure requirements, particularly for companies that may also report to the BLM, state 

494 agencies, and to other parties. For example, should EPA limit its data collection to items not 

495 collected by other parties? How much overlap is acceptable? 

496 2. How can the agencyAgency achieve the goal of efficient data collection while also 

497 maximizing transparency and public understanding? 

498 3. In order to encourage transparency and information sharing while minimizing 

499 duplication, what information collection repository or database should EPA use? Should EPA 

500 develop a repository or use an existing one such as FracFocus (Ref. 7) or http://www.data.gov? If 

501 an existing repository is recommended, indicate which repository and why. Are any changes or 

502 enhancements recommended to this existing repository? 

503 4. EPA believes that any TSCA reporting requirements should complement existing 

504 reporting programs and data sources, such as state databases and web siteswebsites like 

505 FracFocus in order to avoid duplication. How could this be achieved? 

506 G. Health and Safety Studies of Chemicals and Mixtures usedUsed in Hydraulic Fracturing

507 EPA is seeking comment on potential options for reporting or disclosure of health and 

508 safety studies for chemical substances and mixtures used in hydraulic fracturing. 

509 As described in Unit III.B., TSCA section 8(d) authorizes EPA to require manufacturers, 

510 processors, and distributors of any chemical substance or mixture and persons who propose to 
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511 manufacture, process, or distribute in commerce any chemical substance or mixture to submit 

512 health and safety studies to EPA. TSCA section 8(d) authorizes EPA to require manufacturers, 

513 processors, and distributors of any chemical substance or mixture and persons who propose to 

514 manufacture, process, or distribute in commerce any chemical substance or mixture to submit 

515 health and safety studies to EPA. Examples of health and safety studies are: 

516  Epidemiological or clinical studies. 

517  Studies of occupational exposure. 

518  Health effects studies. 

519  Ecological effects studies. 

520  Assessments of environmental exposure. 

521  Environmental fate studies. 

522  Health and safety studies related to surface or ground water sampling and analyses 

523 when aggregated and analyzed to measure exposure. 

524  Additional examples can be found in 40 CFR 716.3. 

525 One mechanism for the collection of these studies is TSCA section 8(d). Other 

526 mechanisms could include voluntary approaches. EPA is requesting comment on the types of 

527 companies that would report or disclose health and safety studies. EPA also is requesting 

528 comment on whether companies should be required to report studies or be encouraged to disclose 

529 studies, or whether a combination of regulatory and voluntary approaches should be used to 

530 obtain health and safety studies. 

531 1. Should all manufacturers (including importers), processors, and distributors provide 

532 lists or copies of health and safety studies or should reporting only be required of some types of 

533 companies? Why or why not? 

534 2. Are there existing mechanisms in place, including non-regulatory mechanisms, for 
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535 EPA to obtain these studies? If not, what would be an effective regulatory approach and/or 

536 voluntary mechanism for EPA to obtain these studies? 

537 3. Is there an approach that more effectively encourages further health and safety 

538 studies? 

539 4. Some chemical substances and mixtures used in hydraulic fracturing are more studied 

540 than others. Some are considered to be well-characterized in terms of hazard and exposure 

541 information. If EPA were to require reporting, should EPA limit reporting requirements to the 

542 chemical substances and mixtures that EPA believes are not well-characterized? Why? 

543 5. If a TSCA section 8(d) rule were promulgated, should it require reporting of studies 

544 for all chemical substances and mixtures used in hydraulic fracturing or only a subset? Why? If 

545 only certain chemicals should be included in the rule, which ones should EPA include? 

546 6. Are there particular types of studies that should be required to be submitted or should 

547 all health and safety studies be required to be submitted? Why? 

548 7. Are there studies that are of greater interest if they are conducted by a particular 

549 entity, e.g., service providers? For example, an assessment of environmental exposure may be 

550 viewed as more important because of the environment that is the focus of the study. 

551 8. Would it be more efficient (timely and cost effective) to submit health and safety 

552 studies to a third-party? Why or why not? If so, why and what type of third-party? 

553 IH. Safer Chemicals and Transparency 

554 Incentives and recognition programs could be used to support the development and use of 

555 safer chemicals (both those created deliberately and inadvertently) in hydraulic fracturing. Safer 

556 chemicals are generally less toxic to human health and the environment, and are less persistent 

557 and bioaccumulative than their alternatives. Under an EPA-sponsored voluntary initiative, EPA 

558 could provide resources and recognition for companies committed to promoting and using safe 
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559 and sustainable practices. Such a voluntary program could help companies meet corporate 

560 sustainability goals by providing the means to, and an objective measure of, environmental 

561 stewardship. Information that could be collected or disclosed under such a voluntary program 

562 could be used to verify a company’s eligibility for award or recognition in relation to identified 

563 measures and goals. 

564 There are a range of EPAexisting programs that support less toxic chemical usage and 

565 managementencourage the development of safer chemicals (e.g., the Green Chemistry program 

566 and the Sustainable Futures program) or the use of safer substitutes (e.g., Design for the 

567 Environment) which may serve as models for application to hydraulic fracturing. A similar 

568 program focusing on chemicals used in hydraulic fracturing could speed adoption by well 

569 owners, operators and suppliers of safer chemicals. The program could also increase public 

570 understanding about chemical choice and use in hydraulic fracturing. 

571 EPA would like to determine whether these programs could be used as possible models 

572 for consideration of chemicals and mixtures used in hydraulic fracturing and whether there are 

573 other programs that would be more effective. In order to determine whether replacement 

574 chemicals are safer, it would be important to take into account the effectiveness and potential 

575 associated risks with the alternative chemical. EPA requests comment on strategies for creating 

576 incentives and voluntary approaches for the development and use of safer chemicals. 

577 1. Are there other TSCA sections that could also further support the use and 

578 development of safer chemicals more effectively? 

579 2. What programs are appropriate to encourage the use of safer chemicals already on the 

580 market? 

581 3. For this industry, are existing programs that encourage the development of safer 

582 chemicals appropriate? Could EPA change those programs to make them more effective in 
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583 inducing well operators to use safer chemicals? How? 

584 V. References

585 The following is a list of the materials that are specifically referenced in this document. 

586 The docket identified under ADDRESSES includes these references and other information 

587 considered by EPA. For assistance, please consult the technical person listed under FOR 

588 FURTHER INFORMATION CONTACT.

589 1. Toxic Substances Control Act, Section 3 (15 U.S.C. 2602).

590 2. Earthjustice and 114 other organizations. Letter from Deborah Goldberg, Earthjustice 

591 to Wendy Cleland-Hamnett, Director, Office of Pollution Prevention and Toxics. Re: Citizen 

592 Petition Under Toxic Substances Control Act Regarding the Chemical Substances and Mixtures 

593 Used in Oil and Gas Exploration or Production. August 4, 2011. Available on-line at: 

594 http://www.epa.gov/oppt/chemtest/pubs/Section_21_Petition_on_Oil_Gas_Drilling_and_Frackin

595 g_Chemicals8.4.2011.pdf.

596 3. EPA. Letter from EPA Assistant Administrator Steven A. Owens to Deborah 

597 Goldberg, Earthjustice, Re: TSCA Section 21 Petition Concerning Chemical Substances and 

598 Mixtures Used in Oil and Gas Exploration or Production. November 2, 2011. Available on-line 

599 at: http://www.epa.gov/oppt/chemtest/pubs/SO.Earthjustice.Response.11.2.pdf. 

600 4. EPA. Letter from EPA Assistant Administrator Steven A. Owens to Deborah 

601 Goldberg, Earthjustice, Re: TSCA Section 21 Petition Concerning Chemical Substances and 

602 Mixtures Used in Oil and Gas Exploration or Production. November 23, 2011. Available on-line 

603 at: http://www.epa.gov/oppt/chemtest/pubs/EPA_Letter_to_Earthjustice_on_TSCA_Petition.pdf.

604 5. EPA. Chemical Substances and Mixtures Used in Oil and Gas Exploration or 

605 Production; TSCA Section 21 Petition Reasons for Agency Response. Federal Register (78 FR 

606 41768, July 11, 2013) (FRL-9339-4). 
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607 5. 6. TSCA Statutory Definitions Document. February 11, 2014.

608 6. 7. FracFocus Chemical Disclosure Registry. Available on-line at: 

609 http://www.fracfocus.org.

610 VI. Statutory and Executive Order Reviews 

611 Under Executive Orders 12866, entitled ‘‘Regulatory Planning and Review’’ (58 FR 

612 51735, October 4, 1993) and 13563, entitled ‘‘Improving Regulation and Regulatory Review’’ 

613 (76 FR 3821, January 21, 2011), this is a “significant regulatory action” because it raises novel 

614 legal and/or policy issues. Accordingly, EPA submitted this action to the Office of Management 

615 and Budget (OMB) for review under these Executive Orders and any changes made in response 

616 to OMB recommendations have been documented in the docket for this action. 

617 Because this document does not impose or propose any requirements, and instead seeks 

618 comments and suggestions for the agencyAgency to consider in possibly developing a 

619 subsequent proposed rule, the various other review requirements that apply when an agency 

620 imposes requirements do not apply to this action. Nevertheless, as part of your comments on this 

621 ANPR, you may include any comments or information that could help the agencyAgency to 

622 assess the potential impact of a subsequent regulatory action on small entities pursuant to the 

623 Regulatory Flexibility Act (5 U.S.C. 601 et seq.); to consider voluntary consensus standards 

624 pursuant to section 12(d) of the National Technology Transfer and Advancement Act (15 U.S.C. 

625 272 note); to consider environmental health or safety effects on children pursuant to Executive 

626 Order 13045, entitled ‘‘Protection of Children from Environmental Health Risks and Safety 

627 Risks’’ (62 FR 19885, April 23, 1997); to consider human health or environmental effects on 

628 minority or low-income populations pursuant to Executive Order 12898, entitled ‘‘Federal 

629 Actions to Address Environmental Justice in Minority Populations and Low-Income 

630 Populations’’ (59 FR 7629, February 16, 1994); or to consider potential impacts to state and 
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631 local governments or tribal governments. 

632 The agencyAgency will consider such comments during the development of any 

633 subsequent rulemaking as it takes appropriate steps to address any applicable requirements.
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634 VI. References

635 The following is a list of the materials that are specifically referenced in this document. 

636 The docket identified under ADDRESSES includes these references and other information 

637 considered by EPA. For assistance, please consult the technical contact listed under FOR 

638 FURTHER INFORMATION CONTACT.

639 1. Toxic Substances Control Act, Section 3, 15 USC 2602.

640 2. Earthjustice and 114 other organizations. Letter from Deborah Goldberg, Earthjustice 

641 to Wendy Cleland-Hamnett, Director, Office of Pollution Prevention and Toxics. Re: Citizen 

642 Petition Under Toxic Substances Control Act Regarding the Chemical Substances and Mixtures 

643 Used in Oil and Gas Exploration or Production. August 4, 2011. Available on-line at: 

644 http://www.epa.gov/oppt/chemtest/pubs/Section_21_Petition_on_Oil_Gas_Drilling_and_Frackin

645 g_Chemicals8.4.2011.pdf.

646 3. EPA. Letter from EPA Administrator Lisa P. Jackson to Deborah Goldberg, 

647 Earthjustice, Re: TSCA Section 21 Petition Concerning Chemical Substances and Mixtures Used 

648 in Oil and Gas Exploration or Production. November 2, 2011. Available on-line at: 

649 http://www.epa.gov/oppt/chemtest/pubs/SO.Earthjustice.Response.11.2.pdf. 

650 4. EPA. Letter from EPA Administrator Lisa P. Jackson to Deborah Goldberg, 

651 Earthjustice, Re: TSCA Section 21 Petition Concerning Chemical Substances and Mixtures Used 

652 in Oil and Gas Exploration or Production. November 23, 2011. Available on-line at: 

653 http://www.epa.gov/oppt/chemtest/pubs/EPA_Letter_to_Earthjustice_on_TSCA_Petition.pdf.

654 5. EPA. Chemical Substances and Mixtures Used in Oil and Gas Exploration or 

655 Production; TSCA Section 21 Petition Reasons for Agency Response. 78 FR 41768, July 11, 

656 2013. 

657 6. TSCA Statutory Definitions Document. February 11, 2014.
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658 7. FracFocus Chemical Disclosure Registry. Available on-line at: 

659 http://www.fracfocus.org.

660 8. EPA. TSCA New Chemicals Program. Available on-line at: 

661 http://www.epa.gov/oppt/newchems/. 

662 
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663 List of Subjects in 40 CFR Chapter 1I, Subchapter R

664 Environmental protection, Chemicals, Hazardous substances, Confidential business 

665 information, Exploration and production, Fracking, Hazardous substances, Hydraulic fracturing, 

666 Fracking, Oil and gas, Confidential business information, Reporting and recordkeeping. 

667 

668 Dated: ____________________ 

669 

670 

671 ________________________________ 

672 Gina McCarthy 

673 Administrator.