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1 BILLING CODE 6560-50-P

2 ENVIRONMENTAL PROTECTION AGENCY

3 EPA-HQ-OPPT-2011-0683; FRL-XXXX-X

4 Chemical Substances and Mixtures Used in Oil and Gas Exploration or Production; 

5 TSCA Section 21 Petition; Agency Response

6 AGENCY: Environmental Protection Agency (EPA).

7 ACTION: Notice.

8 SUMMARY: On August 4, 2011, Earthjustice and 114 other organizations petitioned 

9 EPA under section 21 of the Toxic Substances Control Act (TSCA) to use: TSCA section 

10 8(a) to require manufacturers and processors of oil and gas exploration and production 

11 (E&P) chemical substances and mixtures to maintain certain records and submit reports 

12 on those records; TSCA section 8(d) to require manufacturers, processors, and 

13 distributors to submit to EPA existing health and safety studies related to E&P chemical 

14 substances and mixtures; TSCA section 8(c) to request submission of copies of any 

15 information related to significant adverse reactions to human health or the environment 

16 alleged to have been caused by E&P chemical substances and mixtures; and TSCA 

17 section 4 to require manufacturers and processors of E&P chemical substances and 

18 mixtures to conduct toxicity testing of E&P chemical substances and mixtures. For the 

19 reasons set forth in this notice, EPA granted in part and denied in part the petitioners’ 

20 requests. In addition, EPA has concluded that TSCA section 21 does not apply to requests 

21 for a TSCA section 8(c) data call-in. 

22 FOR FURTHER INFORMATION CONTACT: For technical information contact: 

23 Chenise Farquharson, Chemical Control Division (7405M), Office of Pollution 
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24 Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., 

25 NW., Washington, DC 20460-0001; telephone number: (202) 564-7768; fax number: 

26 (202) 564-4775; e-mail address: Farquharson.chenise@epa.gov.

27 For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South 

28 Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; e-mail address: 

29 TSCA-Hotline@epa.gov.

30 SUPPLEMENTARY INFORMATION:

31 I. General Information

32 A. Does this Action Apply to Me?

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

34 interest to you if you manufacture (including import), process, or distribute chemical 

35 substances or mixtures used in hydraulic fracturing to create fractures in geologic 

36 formations, such as shale rock, allowing enhanced natural gas or oil recovery. Since other 

37 entities also may be interested, the Agency has not attempted to describe all the specific 

38 entities that may be affected by this action. If you have any questions regarding the 

39 applicability of this action to a particular entity, consult the technical person listed under 

40 FOR FURTHER INFORMATION CONTACT. 

41 B. How Can I Access Information About this Petition?

42 EPA has established a docket for this TSCA section 21 petition under docket 

43 identification (ID) number EPA-HQ-OPPT-2011-0683. All documents in the docket are 

44 listed in the docket index available at http://www.regulations.gov. Although listed in the 

45 index, some information is not publicly available, e.g., Confidential Business Information 

46 (CBI) or other information whose disclosure is restricted by statute. Certain other 
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47 material, such as copyrighted material, will be publicly available only in hard copy. 

48 Publicly available docket materials are available electronically at 

49 http://www.regulations.gov, or, if only available in hard copy, at the OPPT Docket. The 

50 OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West 

51 Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading 

52 Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 

53 legal holidays. The telephone number of the EPA/DC Public Reading Room is (202) 566-

54 1744, and the telephone number for the OPPT Docket is (202) 566-0280. Docket visitors 

55 are required to show photographic identification, pass through a metal detector, and sign 

56 the EPA visitor log. All visitor bags are processed through an X-ray machine and subject 

57 to search. Visitors will be provided an EPA/DC badge that must be visible at all times in 

58 the building and returned upon departure.

59 II. Background

60 A. What is a TSCA Section 21 Petition?

61 Under TSCA section 21 (15 U.S.C. 2620), any person can petition EPA to initiate 

62 a rulemaking proceeding for the issuance, amendment, or repeal of a rule under TSCA 

63 sections 4, 6, or 8 or an order under TSCA sections 5(e) or 6(b)(2). A TSCA section 21 

64 petition must set forth the facts that are claimed to establish the necessity for the action 

65 requested. EPA is required to grant or deny the petition within 90 days of its filing. If 

66 EPA grants the petition, the Agency must promptly commence an appropriate 

67 proceeding. If EPA denies the petition, the Agency must publish its reasons for the denial 

68 in the Federal Register. A petitioner may commence a civil action in a U.S. district court 

69 to compel initiation of the requested rulemaking proceeding within 60 days of the denial, 
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70 if the denial occurs prior to the expiration of the 90-day period, or within 60 days after 

71 the expiration of the 90-day period.

72 B. What Criteria Apply to a Decision on a TSCA Section 21 Petition?

73 1. Legal standard regarding TSCA section 21 petitions. Section 21(b)(1) of 

74 TSCA requires that the petition “set forth the facts which it is claimed establish that it is 

75 necessary” to issue the rule or order requested. 15 U.S.C. 2620(b)(1). Thus, TSCA 

76 section 21 implicitly incorporates the statutory standards that apply to the requested 

77 actions. In addition, TSCA section 21 establishes standards a court must use to decide 

78 whether to order EPA to initiate rulemaking in the event of a lawsuit filed by the 

79 petitioner. 15 U.S.C. 2620(b)(4)(B). Accordingly, EPA has relied on the standards in 

80 TSCA section 21 and in the provisions under which actions have been requested to 

81 evaluate this petition.

82 2. Legal standard regarding TSCA section 8(a) rules. Section 8(a) of TSCA 

83 authorizes the EPA Administrator to promulgate rules under which manufacturers and 

84 processors of chemical substances must maintain such records and submit such 

85 information as the EPA Administrator may reasonably require. Regarding mixtures, 

86 section 8(a) of TSCA authorizes the EPA Administrator to promulgate rules under which 

87 manufacturers and processors of mixtures must maintain such records and submit such 

88 information to the extent the EPA Administrator determines the maintenance of records 

89 or submission or reports, or both, is necessary for the effective enforcement of TSCA. 

90 Section 8(a) of TSCA generally excludes small manufacturers and processors of chemical 

91 substances or mixtures from the reporting requirements established in TSCA section 8(a). 

92 However, EPA is authorized by TSCA section 8(a)(3)(A)(ii) to require TSCA section 
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93 8(a) reporting from small manufacturers and processors with respect to any chemical 

94 substance or mixture that is the subject of a rule proposed or promulgated under TSCA 

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

96 5(e), or that is the subject of relief granted pursuant to a civil action under TSCA section 

97 5 or 7. The standard for determining whether an entity qualifies as a small manufacturer 

98 is found at 40 CFR 704.3. 

99 Section 21(b)(4)(B) of TSCA provides the standard for judicial review should 

100 EPA deny a request for rulemaking under TSCA section 8(a): ‘‘If the petitioner 

101 demonstrates to the satisfaction of the court by a preponderance of the evidence that 

102 ...there is a reasonable basis to conclude that the issuance of such a rule ...is necessary to 

103 protect health or the environment against an unreasonable risk of injury,’’ the court shall 

104 order the Administrator to initiate the requested action. 15 U.S.C. 2620(b)(4)(B).

105 3. Legal standard regarding TSCA section 8(d) rules. Section 8(d) of TSCA 

106 authorizes EPA to require the submission of unpublished health and safety studies 

107 initiated or conducted by, or known to or reasonably ascertainable by, manufacturers, 

108 processors, and distributors of chemical substances or mixtures. Studies may be excluded 

109 ‘‘if the Administrator finds that submission of lists of such studies are unnecessary to 

110 carry out the purposes of [TSCA].’’ 15 U.S.C. 2607(d)(1). 

111 Section 21(b)(4)(B) of TSCA provides the standard for judicial review should 

112 EPA deny a request for rulemaking under TSCA section 8(d): ‘‘If the petitioner 

113 demonstrates to the satisfaction of the court by a preponderance of the evidence that 

114 ...there is a reasonable basis to conclude that the issuance of such a rule ...is necessary to 
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115 protect health or the environment against an unreasonable risk of injury,’’ the court shall 

116 order the Administrator to initiate the requested action. 15 U.S.C. 2620(b)(4)(B).

117 4. Legal standard regarding TSCA section 8(c) call-in. TSCA section 8(c) 

118 requires manufacturers, processors, and distributors of chemical substances or mixtures 

119 1) to keep records of significant adverse reactions to health or the environment, as 

120 determined by the Administrator by rule, alleged to have been caused by the substance or 

121 mixture and 2) to permit inspection and submit copies of such records upon request of 

122 any duly designated representative of the Administrator. EPA’s implementing regulations 

123 are at 40 CFR part 717. 

124 TSCA section 21 does not list data call-ins under TSCA section 8(c), and EPA 

125 has therefore concluded that petitions for this activity are not covered by TSCA section 

126 21. 

127 5. Legal standard regarding TSCA section 4 rules. To issue a TSCA section 4 test 

128 rule, EPA must find that data and experience are insufficient to reasonably determine or 

129 predict the effects of a chemical substance or mixture on health or the environment and 

130 that testing of the chemical substance or mixture is necessary to develop the missing data. 

131 15 U.S.C. 2603(a)(1). In addition, EPA must find either that the chemical substance or 

132 mixture may present an unreasonable risk of injury or that the chemical substance or 

133 mixture is produced in substantial quantities and may either result in significant or 

134 substantial human exposure or result in substantial environmental release. 15 U.S.C. 

135 2603(a)(1).

136 In the case of a mixture, EPA must also find that ‘‘the effects which the mixture’s 

137 manufacture, distribution in commerce, processing, use, or disposal or any combination 
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138 of such activities may have on health or the environment may not be reasonably and more 

139 efficiently determined or predicted by testing the chemical substances which comprise 

140 the mixture.’’ 15 U.S.C. 2603(a)(2).

141 TSCA section 21 omits the finding that ‘‘testing is necessary to develop the data’’ 

142 from the findings that a petitioner must demonstrate in order for a court to require EPA to 

143 initiate TSCA section 4 rulemaking. 15 U.S.C. 2620(b)(4)(B)(i). Nonetheless, EPA 

144 believes TSCA section 21(b)(4) is best interpreted as incorporating this finding. The 

145 alternative would be to read the statute as empowering a court to require EPA to initiate a 

146 rulemaking even where the Agency could not make proposed findings consistent with 

147 TSCA section 4 or take final action on the rule. EPA’s interpretation is supported by 

148 legislative history (Ref. 1).

149 TSCA section 21(b)(4)(B)(i) provides for judicial review of a petition to 

150 promulgate a TSCA section 4 rule for chemical substances. In contrast, TSCA section 21 

151 does not provide for judicial review of a petition to promulgate a test rule for mixtures. 

152 Section 3 of TSCA gives distinct definitions for “chemical substance” and “mixture”, and 

153 section 21(b)(4)(B)(i) of TSCA specifies that the court’s review pertains to application of 

154 the TSCA section 4 factors to chemical substances. Moreover, TSCA section 

155 21(b)(4)(B)(i) does not contain the additional finding that TSCA section 4 requires for 

156 issuing a test rule for mixtures (that the effect may not be reasonably and more efficiently 

157 determined or predicted by testing the chemical components). Congress left the complex 

158 issues associated with the testing of mixtures to the Administrator’s discretion.

159

160 C. What Action Was Requested?
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161 On August 4, 2011, Earthjustice and several other organizations petitioned EPA 

162 to: 

163 1. Adopt a rule pursuant to TSCA section 4 to require manufacturers and 

164 processors of E&P chemical substances and mixtures to develop test data sufficient to 

165 evaluate the toxicity and potential for health and environmental impacts of all E&P 

166 chemical substances and mixtures that they manufacture and process. The petitioners 

167 request the rule include a requirement for the manufacturer or processor to identify any 

168 E&P chemical substance and mixture for which testing is required (Ref. 2).

169 2. Adopt a rule pursuant to TSCA section 8(a) requiring manufacturers and 

170 processors of E&P chemical substances and mixtures to maintain records and submit 

171 reports to EPA disclosing the identities, categories, and quantities of E&P chemical 

172 substances and mixtures, descriptions of byproducts of E&P chemical substances and 

173 mixtures, all existing data on potential or demonstrated environmental and health effects 

174 of E&P chemical substances and mixtures, and the number of individuals potentially 

175 exposed to E&P chemical substances and mixtures (Ref. 2).

176 3. Request call in of all allegations of significant adverse reactions received and 

177 maintained by manufacturers, processors, and distributors of E&P chemical substances 

178 and mixtures pursuant to TSCA section 8(c) and 40 CFR part 717 (Ref. 2).

179 4. Adopt a rule pursuant to TSCA section 8(d) to require submittal of all existing, 

180 not previously reported health and safety studies related to the health and/or 

181 environmental effects of all E&P chemical substances and mixtures (Ref. 2).

182 D. What Support Do the Petitioners Offer?

183 The petitioners believe that there are potential risks to human health, terrestrial 
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184 and aquatic life, and the environment from E&P chemical substances and mixtures, and 

185 that there is currently insufficient information about these potential risks. The petitioners 

186 believe rulemakings under TSCA section 4 and section 8 are necessary to fill information 

187 gaps so that federal and state regulators can appropriately assess and regulate E&P 

188 chemical substances and mixtures and provide information to the public about E&P 

189 chemical substances and mixtures. To support their requests, the petitioners discussed the 

190 following information sources and the limitations of these sources:

191 • EPA’s current study to examine the relationship between hydraulic fracturing and 

192 drinking water resources (Ref. 3);

193 • FracFocus.org, a website (operated jointly by the Ground Water Protection Council 

194 (GWPC) and the Interstate Oil and Gas Compact Commission (IOGCC)) that serves 

195 as a voluntary chemical substance registry for companies to report all chemical 

196 substances that would appear on Material Safety Data Sheets (MSDSs) (Ref. 4);

197 • Current federal and state regulations requiring the disclosure of E&P chemical 

198 substances and mixtures;

199 • Two reports published by The Endocrine Disruption Exchange (TEDX) (Ref. 5) and 

200 the New York State Department of Environmental Conservation (NYSDEC) (Ref. 6) 

201 that analyze the health effects of chemical substances and mixtures for which TEDX 

202 and NYSDEC could locate a Chemical Abstracts Service Registry Number 

203 (CASRN); and

204 • Reports of potential harm to human and environmental health from exposure to E&P 

205 chemical substances and mixtures.
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206 1. EPA’s study. In Fiscal Year 2010, the U.S. Congress’ Appropriation 

207 Conference Committee directed EPA’s Office of Research and Development (ORD) to 

208 conduct research to examine the relationship between hydraulic fracturing and drinking 

209 water resources (Ref. 3). Hydraulic fracturing is a well stimulation treatment that can be 

210 used in reservoirs with low permeability to maximize natural gas or oil production. 

211 Specially engineered fluids containing chemical additives and proppant are pumped 

212 under high pressure into wells to induce and hold open fractures in geological formations. 

213 Those fractures increase the exposed surface area of the rock in the formation and, in 

214 turn, stimulate the flow of natural gas or oil to the well bore once the applied hydraulic 

215 pressure is removed. The composition of hydraulic fracturing fluids varies by geologic 

216 formation, ranging from a simple mixture of water and sand to more complex mixtures 

217 with a multitude of chemical additives. Companies may use these chemical additives to 

218 thicken or thin the fluids, clean the formation, prevent corrosion of the well casing, 

219 improve the flow of the fluid, or kill bacteria that can reduce fracturing fluid performance 

220 (Ref. 7). As the use of hydraulic fracturing has increased, so have concerns about its 

221 potential impact on human health and the environment (Ref. 3).

222 The study is designed to assess the potential impacts of hydraulic fracturing on 

223 drinking water resources and identify the driving factors that affect the severity and 

224 frequency of impacts (Ref. 3). The scope of the research includes the hydraulic fracturing 

225 water use lifecycle, which is a subset of the greater hydrologic cycle. For purposes of the

226 study, the hydraulic fracturing water lifecycle begins with water acquisition from surface 

227 or ground water and ends with discharge into surface waters or injection into deep wells.

228 Specifically, the water lifecycle for hydraulic fracturing consists of water acquisition, 
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229 chemical mixing, well injection, flowback and produced water (collectively referred to as 

230 “hydraulic fracturing wastewater”), and wastewater treatment and waste disposal. (Ref. 

231 3).

232 As part of its study, on September 9, 2010, the Agency issued a voluntary 

233 information request to nine hydraulic fracturing service providers (followed by a 

234 subpoena to one company) (Ref.8). The data requested include: 1) information on the

235 constituents of hydraulic fracturing fluids, including all chemical substances, proppants, 

236 and water, used in the last 5 years; 2) all data relating to the human health and 

237 environmental impacts of all constituents listed in (1); 3) all standard operating

238 procedures and information on how the composition of hydraulic fracturing fluids may be 

239 modified onsite, and 4) all sites where hydraulic fracturing has occurred within one year 

240 prior to the request date and one year from the request date. The Agency received 

241 information on approximately 900 chemical substances from the nine service providers. 

242 Additionally, on August 11, 2011, the Agency sent letters to nine oil and gas 

243 companies requesting their voluntary participation in the study (Ref. 9). For example, the 

244 Agency requested data on well construction, design, and well operation practices for 350 

245 oil and gas wells that were hydraulically fractured from 2009-2010. These wells were 

246 selected using a stratified random method and reflect the diversity in both geography and 

247 size of the well operator. This account of well performance, together with a literature 

248 review, assessment of data and information from states and communities, case studies, 

249 laboratory work, and computer modeling, will allow EPA to assess more thoroughly the 

250 potential impacts of hydraulic fracturing on drinking water resources. 
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251 As of December 1, 2011, EPA has received partial data from eight of the nine 

252 companies on 277 wells. All nine of the companies have committed to submitting all 

253 their responsive well data by December 31, 2011. By sharing information about specific 

254 well construction design and operations, these companies will help EPA and the 

255 public gain a better understanding of well performance and technologies and practices 

256 associated with hydraulic fracturing in order to help us understand the potential for health 

257 and environmental effects. The final report is expected to be published in 2014. The 

258 petitioners state that “EPA’s study falls short of TSCA rulemakings because it will not 

259 require manufacturers and processors of E&P [chemical substances and mixtures] to take 

260 proactive efforts to conduct testing or to develop health and safety data needed to 

261 evaluate the health and environmental risks of their substances and mixtures” (Ref. 2).

262 2. FracFocus website. FracFocus is a website that is operated jointly by the 

263 GWPC and the IOGCC to serve as a voluntary chemical registry for individual 

264 companies to report all chemical substances and mixtures used in hydraulic fracturing. 

265 The petitioners assert that “[b]ecause the registry is based upon voluntary disclosures, 

266 operators may choose to disclose only those chemicals posing the least risk to health and 

267 the environment, and the public could receive misleading or selective information” (Ref. 

268 2).

269 3. Federal and state regulations. The petitioners state that federal agencies have 

270 extremely limited authority to regulate E&P chemical substances and mixtures. They 

271 assert that were hydraulic fracturing not specifically excluded from the definition of 

272 “underground injection” under the Safe Drinking Water Act (SDWA), the oil and gas 

273 industry would be required to disclose in mandatory permit applications the source and 
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274 analysis of the physical and chemical characteristics of all the chemical substances and 

275 mixtures injected below ground to stimulate oil and gas production. According to the 

276 petitioners, for the most part the oil and gas industry is not regulated under the Resource 

277 Conservation and Recovery Act (RCRA) and the Emergency Planning and Community 

278 Right to Know Act. Additionally, the petitioners believe there is limited information 

279 about E&P chemical substances and mixtures on MSDSs. 

280 Regarding state regulations, the petitioners stress that states do not routinely 

281 disclose to the public information they receive about E&P chemical substances and 

282 mixtures, even when the information is not claimed to be proprietary, and no state 

283 requires toxicity testing or development of health and safety data. 

284 4. TEDX and NYSDEC reports. According to the petitioners, in an

285 attempt to determine the identity of E&P chemical substances and mixtures and to 

286 evaluate the health effects associated with them, TEDX gathered information from 

287 multiple sources and matched the chemical substances that could be identified by 

288 CASRN with available health data. TEDX concluded that health data were available for 

289 “only a small percentage of the chemicals in use in the gas industry” (Ref. 2). The 

290 petitioners also cited a report that describes NYSDEC’s limited analysis of the health 

291 effects of hydraulic fracturing chemical substances and mixtures likely to be used at well 

292 sites in New York State. The petitioners assert that “NYSDEC’s review of the 

293 identifiable chemical substances and mixtures demonstrated that compound‐specific 

294 toxicity data are very limited for many chemical additives to fracturing fluids” (Ref. 2). 

295 Based on these two reports, the petitioners conclude that “the information currently 

296 available is insufficient to identify the full spectrum of E&P [chemical substances and 
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297 mixtures] or to permit a reasoned evaluation of their health and environmental effects” 

298 (Ref. 2).

299 5. Health risks and exposure. According to the petition, numerous incidents of 

300 exposure to E&P chemical substances and mixtures demonstrate that these chemical 

301 substances and mixtures may present an unreasonable risk of harm to health and the 

302 environment at every stage of oil and gas development, including storage, transportation, 

303 treatment, and disposal. The petitioners cited reports of leaks and spills of E&P chemical 

304 substances and mixtures in states such as Wyoming, Pennsylvania, Colorado, and Texas. 

305 The petitioners assert that the incidences of harm linked to oil and gas exploration are 

306 likely to increase, especially if EPA fails to promulgate regulations requiring disclosure 

307 and testing of E&P chemical substances and mixtures and reporting of related health and 

308 environmental effects.

309 E. Background on Oil and Gas E&P Industry 

310

311 Oil and gas E&P encompasses all the steps involved in finding, producing, and

312 processing crude oil and natural gas prior to transportation, refining and marketing (Ref. 

313 10). Many E&P activities include the use of chemical substances and mixtures that vary 

314 to meet the specific needs of a geological formation. These chemical substances and 

315 mixtures are used for different purposes, and many are not used solely in the oil and gas 

316 industry (Ref. 11). E&P “activities may include exploration for crude petroleum and 

317 natural gas; drilling, completing, and equipping wells; operating separators, emulsion 

318 breakers, desilting equipment, and field gathering lines for crude petroleum and natural 

319 gas; and all other activities in the preparation of oil and gas up to the point of shipment 

320 from the producing property” (Ref. 12). Exploration activities include “excavating slush 
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321 pits and cellars, well surveying; running, cutting, and pulling casings, tubes, and rods; 

322 cementing wells, shooting wells; perforating well casings; acidizing and chemically 

323 treating wells; and cleaning out, bailing, and swabbing wells” (Ref. 12). Steps in 

324 exploration also may include “spudding in, drilling in, redrilling, and directional drilling”

325 (Ref. 12). Production activities to extract liquid hydrocarbons from hydrocarbon bearing 

326 formations include the use of: separators, emulsion breakers, desilting equipment, 

327 dehydrators and other processing equipment, and field gathering lines for crude oil and 

328 natural gas; and all other activities in the preparation of oil and gas up to the point of 

329 shipment from the producing property. “This subsector includes the production of crude 

330 petroleum, the mining and extraction of oil from oil shale and oil sands, and the 

331 production of natural gas, sulfur recovery from natural gas, and recovery of hydrocarbon 

332 liquids” (Ref. 12) (e.g., NAICS codes 213112, 213111 and 21111).

333 There are more than “10,000 U.S. companies providing equipment, services, 

334 supplies, and design and engineering support for exploration, drilling, refining and other 

335 operations. Many are local firms, while others are global manufacturers selling products 

336 for operations around the world” (Ref. 10).

337 F. Background on TSCA and Federal Activities Regarding Hydraulic Fracturing

338

339 Under TSCA, EPA has authority to require reporting, record-keeping and testing 

340 requirements, and restrictions relating to chemical substances and/or mixtures 

341 manufactured, processed, used, distributed in commerce, or disposed of (Ref. 13). In 

342 addition, EPA has a number of other authorities that can be used to address aspects of 

343 hydraulic fracturing. The following offices at EPA are working on hydraulic fracturing 

344 efforts under other authorities:
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345 • EPA’s ORD is undertaking a study to better understand any potential impacts of 

346 hydraulic fracturing on drinking water resources (Ref. 3). 

347 • EPA’s Office of Solid Waste and Emergency Response (OSWER) is evaluating 

348 industry practices, alleged damage cases, and state requirements, and considering 

349 whether technical guidance on the design, operation, maintenance, and closure of pits 

350 and impoundments is needed under RCRA in order to minimize potential impacts of 

351 hydraulic fracturing waste.

352 • EPA’s Office of Air and Radiation proposed a rule on August 23, 2011, to control air 

353 emissions at oil and gas wells, including during completion of wells, that are 

354 hydraulically fractured (Ref. 14). 

355 • EPA has announced a schedule to develop standards for wastewater discharges 

356 produced by natural gas extraction from underground coalbed and shale formations as 

357 part of its effluent guidelines development process under sections 301 and 304 of the 

358 Clean Water Act (CWA). Currently, wastewater associated with shale gas extraction 

359 is prohibited from being directly discharged to waterways and other waters of the 

360 United States. While some of the wastewater from shale gas extraction is reused or 

361 re-injected, a significant amount still requires disposal. As a result, some shale gas 

362 wastewater is transported to treatment plants, many of which are not properly 

363 equipped to treat this type of wastewater. EPA will consider standards for shale gas 

364 wastewater that must be met before going to a treatment facility. Wastewater 

365 associated with coal bed methane extraction is not currently subject to national 

366 standards when directly discharged into waterways or to pretreatment standards and 

367 EPA will consider the development of standards for such discharges (Ref. 15). 
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368 • Under SDWA’s Underground Injection Control (UIC) Program, EPA is working to 

369 provide EPA’s UIC Program Directors guidance to ensure the SDWA programmatic 

370 requirements related to hydraulic fracturing when using diesel fuels are implemented 

371 appropriately (Ref. 15).

372 Section 9(b) of TSCA provides that the Administrator of EPA “shall coordinate 

373 actions taken under [TSCA] with actions taken under other Federal laws administered in 

374 whole or in part by” EPA. 15 U.S.C. 2608(b). Therefore, in the development of actions

375 EPA proposes to initiate under TSCA described in this notice, EPA will consult and 

376 cooperate with multiple offices within the Agency to address hydraulic fracturing in oil 

377 and gas production to avoid unnecessary or duplicative reporting. 

378 Other federal agencies have authorities to investigate and address hydraulic 

379 fracturing. In fact, the Department of the Interior’s Bureau of Land Management (BLM) 

380 and the Department of Energy are evaluating various aspects of hydraulic fracturing. 

381 BLM currently is developing proposed regulations to require disclosure of well-specific 

382 information on chemical substances used in hydraulic fracturing on public lands (Ref. 

383 16). The Shale Gas Subcommittee of the Secretary of Energy Advisory Board (SEAB) 

384 recently published a final report evaluating ways to reduce the environmental impacts 

385 from shale gas production (Ref. 17). 

386 TSCA section 8 provides EPA the authority to collect important information on 

387 chemical substances and mixtures, including the amount manufactured, health and safety 

388 information and exposure information, among other things. EPA’s planned use of TSCA 

389 section 8, as described in this notice, would enable EPA and other federal agencies to 

390 improve their risk screening capabilities, enabling them to better assess and manage risk, 
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391 and improve public awareness of information about chemical substances and mixtures 

392 used in hydraulic fracturing. 

393 Although it is likely that some data submitted would be claimed confidential, 

394 limiting public disclosure, EPA urges submitters of data under TSCA to limit the number 

395 and scope of confidentiality claims to those necessary to protect proprietary data (Ref. 

396 18). EPA also notes that health and safety studies that are submitted pursuant to TSCA 

397 sections 8(a) and 8(d) rules, and data from such health and safety studies, are generally 

398 not considered confidential under TSCA and are therefore releasable. TSCA section 

399 14(b). 

400 III. Disposition of TSCA Section 21 Petition 

401 For the purpose of making its decision, EPA evaluated the information presented 

402 or referenced in the petition and the Agency’s authority and requirements under TSCA 

403 sections 4, 8, and 21. EPA has also evaluated the comments received from the American 

404 Petroleum Institute (Ref. 11), the American Chemistry Council (Ref. 19), and Halliburton 

405 Energy Services (Ref. 20). After careful consideration, EPA has granted in part and 

406 denied in part the petition. EPA has decided to partially grant the TSCA sections 8(a) and 

407 8(d) requests and plans to initiate rulemaking to obtain data on chemical substances and 

408 mixtures used in hydraulic fracturing. 

409 EPA plans first to develop an Advance Notice of Proposed Rulemaking (ANPR) 

410 and initiate a stakeholder process to provide input on the design and scope of the TSCA 

411 reporting requirements that would be included in a proposed rule. EPA anticipates that 

412 states, industry, public interest groups and members of the public will be participants in 

413 the stakeholder process. The stakeholder process will bring stakeholders together to 
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414 discuss the information needs and help EPA to ensure reporting burdens and costs are 

415 minimized, ensuring information already available is considered in order to avoid 

416 duplication of efforts. Although EPA has partially granted the TSCA section 8(a) and 

417 section 8(d) requests, the Agency is not committing to a specific rulemaking outcome.

418 The dialogue will also assist EPA in determining how information that is claimed CBI 

419 can be aggregated and disclosed to maximize transparency and public understanding. 

420 EPA intends to release all reported information that is not claimed CBI. 

421 EPA has concluded that the request for EPA to use its TSCA section 8(c) 

422 authority is not subject to TSCA section 21. The Agency anticipates that the public 

423 dialogue will include discussions of the need for section 8(c) reporting on allegations that 

424 chemical substances or mixtures used in hydraulic fracturing cause significant adverse 

425 reactions to health or the environment. 

426 Regarding the TSCA section 4 request, EPA has concluded that the petition does 

427 not set forth sufficient facts to support the petitioners’ assertion that it is necessary to 

428 initiate the requested rulemaking under TSCA section 4. The discussion that follows 

429 provides the reasons for EPA’s decisions to grant this petition in part and to deny it in 

430 part. 

431 A. Partial Grant With Respect to Hydraulic Fracturing Chemical Substances and 

432 Mixtures 

433 With regard to TSCA sections 8(a) and 8(d), EPA has decided to initiate 

434 rulemaking to obtain data on chemical substances and mixtures used in hydraulic 

435 fracturing. EPA is not granting the requests with respect to chemical substances and 

436 mixtures used in oil and gas E&P more broadly. At this time, EPA believes a more 
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437 focused information collection regarding hydraulic fracturing would significantly 

438 advance the government’s understanding of potential risks associated with this practice 

439 and would help to determine if future actions are necessary. 

440 TSCA sections 8(a) and 8(d) actions would be an important part of the federal 

441 government’s efforts to better understand and characterize potential risks associated with 

442 hydraulic fracturing. Given the specific authorities under TSCA to collect and make 

443 public information on the manufacture, processing, distribution in commerce, and use of 

444 chemical substances and mixtures, and to collect and make public health and safety data 

445 for chemical substances and mixtures, the data that would be collected would provide a 

446 chemical-specific and mixture-specific national picture of the chemical substances and 

447 mixtures used in hydraulic fracturing. This picture is currently not available, and would 

448 complement well-by-well disclosure programs of states.

449 The existing information sources provide only limited data on the chemical 

450 substances and mixtures used in hydraulic fracturing. Individually, these sources often 

451 provide information on only a subset of the chemical substances and mixtures used in 

452 hydraulic fracturing and often require the user to go to multiple sources to synthesize the 

453 information that the information source purports to provide. Even when taken together 

454 the existing information is very limited. EPA is not aware of any other authority that can 

455 provide as effectively as TSCA a national picture of the chemical substances and 

456 mixtures used in hydraulic fracturing.

457 These data collections and the disclosure of these data that EPA intends to pursue 

458 would address some of the recommendations in both SEAB’s August 18, 2011 (Ref. 21) 

459 and November 18, 2011 (Ref. 17) Ninety-Day Reports. The August 18, 2011 report 
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460 identifies measures that can be taken to reduce the environmental impact and improve the 

461 safety of shale gas production. The SEAB recommends that federal agencies have 

462 primary responsibility for ensuring disclosure of fracturing fluid composition and 

463 “immediately develop rules to require disclosure of all chemicals used in hydraulic 

464 fracturing fluids on both public and private lands.” (Ref. 21) In addition, SEAB 

465 recommends that this information be made publicly available “with an exception for 

466 genuinely proprietary information.” In addition, the SEAB stressed the importance of 

467 creating a national database to link as many sources of public information as possible 

468 with respect to shale gas development and production (Ref. 21). EPA believes the 

469 information reported under TSCA authority would help to support the public disclosure 

470 of chemical substances and mixtures used in hydraulic fracturing fluid and provide

471 information to enable EPA and other agencies to assess and manage potential risks. 

472 Section 9(d) of TSCA provides that the Administrator of EPA shall consult and 

473 cooperate with other federal agencies ‘‘for the purpose of achieving the maximum 

474 enforcement of [TSCA] while imposing the least burdens of duplicative requirements.’’ 

475 15 U.S.C. 2608(d). Consistent with TSCA section 9(d), in the development of these 

476 actions, EPA will consult and cooperate with other agencies (e.g., BLM and the 

477 Department of Energy) to avoid unnecessary or duplicative reporting.

478 B. Partial Grant of TSCA Section 8(a) Request

479 The petitioners requested that “EPA adopt a rule pursuant to TSCA section 8(a) to 

480 require manufacturers and processors of E&P [chemical substances and mixtures] to

481 maintain certain records and submit to EPA reports on those records” (Ref. 2). After 

482 careful consideration, EPA has decided to partially grant the TSCA section 8(a) request 
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483 to obtain data on chemical substances and mixtures used in hydraulic fracturing. The 

484 petitioners did not show that the requested TSCA section 8(a) rule, requiring maintenance 

485 of records and reporting with respect to all of the TSCA section 8(a) data elements for all 

486 E&P chemical substances and mixtures, is necessary. 

487 EPA plans to initiate a stakeholder process to assist the Agency in identifying 

488 reporting requirements for chemical substances and mixtures used in hydraulic fracturing, 

489 in order to allow the Agency and others to evaluate potential risks and to allow for public 

490 disclosure of the information. EPA’s current thinking with respect to TSCA section 8(a) is 

491 to propose a rule that would request information, such as chemical identity, categories of use, 

492 and volume and number of individuals exposed. Other TSCA section 8(a) elements also may 

493 be incorporated. This type of information would provide the best basis for EPA and other 

494 federal agencies to assess risks associated with hydraulic fracturing chemicals substances and 

495 mixtures. Before developing the proposed rule and to facilitate the stakeholder process, 

496 EPA plans to first issue an ANPR to seek comment on the information that should be 

497 included in the proposed section 8(a) rule. Comments submitted on the ANPR and as part 

498 of the stakeholder process will inform EPA's proposal, but given efforts underway, our 

499 expectation is that the TSCA proposal would focus on providing an aggregate picture of the 

500 chemical substances and mixtures used in hydraulic fracturing.

501 Although EPA is granting the section 8(a) request in part, the petitioners’ request 

502 is overly broad, and they have not demonstrated that the broad rule they requested is 

503 necessary. The petitioners request that for all chemical substances and mixtures used 

504 throughout all E&P operations, EPA require by rule submission of essentially all of the 

505 information identified in TSCA section 8(a) for rules under that section. (The petitioners 

506 request all information for the chemical substances and mixtures generally, even beyond 
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507 their use in the E&P industry.) As explained in Unit II.E, the E&P industry is a large 

508 industry involving a range of varied operations and classes of chemical substances and 

509 mixtures. EPA, other federal agencies, and states, have focused attention on hydraulic 

510 fracturing due to specific concerns raised about this practice, and most of the incidents 

511 and information sources referenced in the petition pertain to hydraulic fracturing. EPA 

512 believes information collection under TSCA would significantly advance the 

513 government’s understanding of potential risks associated with this practice. EPA notes 

514 that it already has broad regulations under TSCA section 8(a) requiring periodic reporting 

515 of extensive information with respect to chemical substances (Ref. 22) including 

516 chemical substances used in the E&P industry. Before proposing a TSCA section 8(a) 

517 rule specific to the E&P industry as a whole, EPA would want a better understanding of 

518 the incremental value of individual information elements. 

519 EPA also does not believe that petitioners have demonstrated all of the chemical 

520 substances and mixtures used throughout the E&P industry (or any of them) present an 

521 unreasonable risk of injury to health or the environment. The petition provides an 

522 inadequate basis for EPA to evaluate the risk presented by individual chemical substances

523 or mixtures, or to evaluate the potential economic impact of the requested TSCA section 

524 8(a) rule, which is a necessary element of an unreasonable risk analysis. EPA’s 

525 assessment of information that may be submitted pursuant to TSCA section 8, along with 

526 EPA’s continued evaluation of the data submitted and results achieved under the 

527 Agency’s other actions and continued interaction with other federal agencies, may inform 

528 the need for future additional TSCA section 8(a) data collection.

529 C. Partial Grant of TSCA Section 8(d) Request
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530 EPA is partially granting the TSCA section 8(d) request in this petition. EPA 

531 intends first to issue an Advance Notice of Proposed Rulemaking for the submission of 

532 unpublished health and safety studies in their possession and lists of ongoing and initiated 

533 studies from companies manufacturing (including importing), processing, and 

534 distributing certain chemical substances and mixtures, used in hydraulic fracturing. EPA 

535 plans to seek stakeholder input on the range of chemicals that should be subject to the 

536 section 8(d) rulemaking. For the reasons set out in the above discussion of the TSCA 

537 section 8(a) request, EPA does not believe a broader TSCA section 8(d) rule is needed or 

538 appropriate at this time. 

539 D. TSCA Section 8(c) Request

540 The petitioners requested that EPA ‘‘exercise its authority under 40 C.F.R. section 

541 717.17 and request submission of copies of any information related to significant adverse 

542 reactions to human health or the environment alleged to have been caused by E&P 

543 [chemical substances and mixtures] manufactured, processed, or distributed” by nine 

544 companies (Ref. 2). As explained below, EPA has concluded that TSCA section 21 does 

545 not apply to the petitioners’ request for a TSCA section 8(c) data call-in. EPA anticipates 

546 that the stakeholder process will involve discussion of the possible use of TSCA 8(c) to 

547 request copies of records and reports of allegations from manufacturers (including 

548 importers) and processors for chemical substances used in hydraulic fracturing. 

549 Among the actions potentially available under TSCA section 8, only rules are 

550 proper objects of a TSCA section 21 petition. Pursuant to TSCA section 8(c) and EPA’s 

551 implementing regulations at 40 CFR 717.17, allegations of adverse reactions are not 

552 called in by rule. In contrast, other provisions of TSCA—including part of TSCA section 
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553 8(c)—require or authorize the Administrator to act by rule. Section 21 of TSCA allows 

554 any person to petition ‘‘to initiate a proceeding for the issuance, amendment, or repeal of 

555 a rule under section 2603, 2605, or 2607.” 15 U.S.C. 2620(a). EPA interprets TSCA 

556 section 21 to apply only to the enumerated actions. 

557 E. Denial of TSCA Section 4 Request

558 The petitioners requested a TSCA section 4 test rule covering all chemical

559 substances and mixtures used in oil and gas E&P. Specifically, the petitioners requested 

560 that EPA promulgate a rule under TSCA section 4 requiring ‘‘manufacturers and 

561 processors of E&P [chemical substances and mixtures] to develop test data to evaluate 

562 the toxicity and potential for health and environmental impacts of all substances and 

563 mixtures they manufacture and process” and that the TSCA section 4 rule require the 

564 manufacturers and processors to identify all chemical substances and mixtures tested 

565 (Ref. 2). EPA is denying this request as the petitioners have not set forth sufficient facts 

566 to support their assertion that it is necessary to issue a TSCA section 4 rule requiring 

567 testing of all chemical substances and mixtures used in all oil and gas E&P, as required 

568 by TSCA section 21(b)(1). Further, to the extent that the petition could be read to 

569 articulate a somewhat narrower request (that only some chemical substances and 

570 mixtures should be tested, as necessary to evaluate the potential impacts of those

571 chemical substances and mixtures), this is not a request for an identifiable rule under 

572 TSCA section 4, as required by TSCA section 21 (e.g., the petition does not identify 

573 specific chemical substances or mixtures for which inadequate data exist, or the data gaps 

574 or endpoints for which testing is necessary). 

575 The petitioners have not set forth sufficient facts for EPA to find that information 
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576 available to the Administrator is insufficient to permit a reasoned evaluation of the health 

577 and environmental effects of all E&P chemical substances and mixtures, or that testing is 

578 necessary to develop such information. The petitioners identified two reports that discuss 

579 health effects from some chemical substances and mixtures used during oil and gas 

580 operations with some specific discussion on hydraulic fracturing. The reports are an 

581 information source that EPA might review in developing a TSCA section 4 proposal to 

582 determine whether data are lacking for specific health end points for specific chemical 

583 substances. However, EPA believes the analysis conducted for the reports are not 

584 comprehensive because not all E&P chemical substances and mixtures were reviewed in 

585 either report (Ref. 2). Therefore, the petitioners do not demonstrate that data are 

586 insufficient for all E&P chemical substances and mixtures. 

587 The petitioners also failed to show it is necessary to issue a TSCA section 4 rule 

588 by failing to support the other findings under TSCA section 4. 15 USC 2603(a)(1)(A)(i) 

589 & (B)(i). The petitioners made a minimal attempt to show that any individual E&P 

590 chemical substance is produced in “substantial quantities” and provided no production 

591 volume information for any individual chemical substance. While the petitioners do make 

592 general statements that E&P chemical substances and mixtures are used in large 

593 quantities (Ref. 2), this does not provide a basis for EPA to conclude that all E&P 

594 chemical substances and mixtures are produced in substantial quantities. The term 

595 “substantial quantities” has been interpreted by EPA to generally be one million pounds 

596 or more per year (Ref. 23). Nor have the petitioners shown that any specific chemical 

597 substance or mixture enters or may reasonably be anticipated to enter the environment in 

598 substantial quantities or that there is or may be significant or substantial human exposure 
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599 to any specific chemical substance or mixture. Individual chemical substances and 

600 mixtures used in E&P operations may well be produced and released in small volumes. 

601 Furthermore, the petitioners have not shown that all E&P chemical substances and 

602 mixtures may present an unreasonable risk (Refs. 5 and 6). As discussed in Unit II.E, the 

603 oil and gas E&P industry is broad and engages in a wide variety of activities and uses 

604 many different chemical substances and mixtures depending on site characteristics. 

605 Although petitioners provided examples of spills and releases and cited existing 

606 databases collecting health effects data, they did not show that any individual chemical 

607 substance or mixture, or the entire class of chemical substances and mixtures used in all 

608 phases of the E&P industry, may present an unreasonable risk. While it is possible that 

609 such a finding could be made for some chemical substances and mixtures used in some 

610 operations, it is also likely that many are benign, and petitioners did not provide sufficient 

611 information for the broad finding they request. For these reasons, the petitioners have not 

612 demonstrated that it is necessary to issue the requested TSCA section 4 rule. 

613 With respect to E&P mixtures, petitioners have not made any attempt to show that 

614 evaluating the effects of mixtures would be reasonable and more efficient than testing 

615 chemical substances in the mixtures. See 15 USC 2603(a)(2). EPA is not prepared to 

616 make this finding without more complete information regarding the chemical substances 

617 and mixtures currently in use and the existing available information regarding potential 

618 health effects. EPA understands that mixtures can change frequently in hydraulic 

619 fracturing operations, and in the E&P industry more broadly, and the petition does not 

620 provide sufficient information to enable EPA to effectively identify what mixtures, or 

621 classes of mixtures, if any, might most efficiently be tested. Any existing mixture tested 
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622 might not still be in use once testing has been completed, and additional mixtures might 

623 be in use at that point. A requirement to test certain representative mixtures might be 

624 reasonable and more efficient than testing individual chemical substances, but petitioners 

625 did not provide sufficient information to support such a finding. 

626 EPA may consider a TSCA section 4 rule at a later date. EPA is in the process of 

627 evaluating information in its possession and plans to request additional information as 

628 described in this notice. While EPA agrees with petitioners that the ORD study focuses 

629 on the potential impacts on drinking water resources and does not require companies to 

630 conduct testing or to develop health and safety data, EPA plans to use the data to identify 

631 potentially hazardous chemical substances and mixtures associated with hydraulic 

632 fracturing, which will aid in EPA’s understanding of potential effects beyond drinking 

633 water impacts. EPA also plans to summarize the available data (including data the 

634 Agency may already have collected) on the toxicity of chemical substances and mixtures 

635 used in hydraulic fracturing, and to identify and prioritize data gaps for further 

636 investigation. EPA also plans to review the results from the Agency’s other activities and 

637 those from other agencies (see Unit II.F).

638 IV. References

639 The following is a list of the documents that are specifically referenced in this 

640 notice and placed in the docket that was established under docket ID number EPA-HQ641 OPPT-2011-0683. For information on accessing the docket, refer to Unit I.B.

642 1. House Conference Report 94–1679. A Legislative History of the Toxic Substances 

643 Control Act, (Committee Print 1976) (Legislative History, pp. 97-99).

644 2. Earthjustice and 114 other organizations. Letter from Deborah Goldberg, Earthjustice 
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645 to Wendy Cleland-Hamnett, Office Director, Office of Pollution Prevention and 

646 Toxics. Re: Citizen Petition Under Toxic Substances Control Act Regarding the 

647 Chemical Substances and Mixtures Used in Oil and Gas Exploration or Production. 

648 August 4, 2011. 

649 3. EPA, Office of Research and Development. Plan to Study the Potential Impacts of 

650 Hydraulic Fracturing on Drinking Water Resources. November, 2011. Available on651 line at: 

652 http://water.epa.gov/type/groundwater/uic/class2/hydraulicfracturing/upload/FINAL653 STUDY-PLAN-HF_Web_2.pdf. 

654 4. Ground Water Protection Council and the Interstate Oil and Gas Compact 

655 Commission. FracFocus. Chemical Disclosure Registry. October 2011. Available on656 line at: http://fracfocus.org/. 

657 5. The Endocrine Disruption Exchange. Health Effects Summary Statement. January 27, 

658 2011. Available on-line at: 

659 http://www.endocrinedisruption.com/chemicals.multistate.php. 

660 6. New York State Department of Environmental Conservation. Draft Supplemental 

661 Generic Environmental Impact Statement on the Oil, Gas, and Solution Mining 

662 Regulatory Program. September 30, 2009. Available on-line at: 

663 http://www.dec.ny.gov/energy/58440.html. 

664 7. Waxman, Henry A., Markey, Edward, J., and DeGette, Diana. United States House of 

665 Representatives Committee on Energy and Commerce Minority Staff Report. 

666 Chemicals Used in Hydraulic Fracturing. April 2011. Available on-line at: 

667 http://democrats.energycommerce.house.gov/sites/default/files/documents/Hydraulic
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668 %20Fracturing%20Report%204.18.11.pdf.

669 8. EPA, Office of Research and Development. 2010 Hydraulic Fracturing Information 

670 Request. September 9, 2010. Available on-line at: 

671 http://water.epa.gov/type/groundwater/uic/class2/hydraulicfracturing/upload/HFvolu

672 ntaryinformationrequest.pdf. 

673 9. EPA, Office of Research and Development. 2011 Hydraulic Fracturing Information 

674 Request. August 11, 2011. Available on-line at: 

675 http://water.epa.gov/type/groundwater/uic/class2/hydraulicfracturing/upload/LetterT

676 o9HFCompanies_August2011.pdf.

677 10. API Energy. About Oil and Natural Gas. Industry Sectors. September 14, 2011. 

678 Available on-line at: http://www.api.org/aboutoilgas/sectors/.

679 11. Letter from Erik Milito, Group Director Upstream and Industry Operations, American 

680 Petroleum Institute (API) to Wendy Cleland-Hamnett, Director OPPT, US EPA: 

681 "Comments on August 4, 2011 Citizen Petition under Toxic Substances Control Act 

682 Regarding the Chemical Substances and Mixtures Used in Oil and Gas Exploration or 

683 Production", October 13, 2011.

684 12. North American Industry Classification System. 2007 NAICS Definition. August 

685 2011. http://www.census.gov/eos/www/naics/index.html.

686 13. EPA. Summary of the Toxic Substances Control Act. Available on-line at: 

687 http://www.epa.gov/lawsregs/laws/tsca.html.

688 14. EPA. Oil and Natural Gas Sector: New Source Performance Standards and National 

689 Emission Standards for Hazardous Air Pollutants Reviews. Proposed Rule. Federal 

690 Register (76 FR 52738, August 23, 2011). (FRL–9448–6).
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691 15. EPA. EPA Press Release - EPA Announces Schedule to Develop Wastewater 

692 Standards/Announcement is part of administrator's priority to ensure natural gas 

693 development continues safely and responsibly Available on-line at: 

694 http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/91e7

695 fadb4b114c4a8525792f00542001!OpenDocument.

696 16. U.S. Department of the Interior. Bureau of Land Management. BLM to Hold 

697 Regional Forums on Hydraulic Fracturing in Natural Gas Production. Available on698 line at: 

699 http://www.blm.gov/wo/st/en/info/newsroom/2011/april/NR_04_01_2011.html.

700 17. U.S. Department of Energy. The SEAB Shale Gas Production Subcommittee Second

701 Ninety-Day Report. November 18, 2011. Available on-line at: 

702 http://www.shalegas.energy.gov/resources/111811_final_report.pdf

703 18. EPA. Claims of Confidentiality of Certain Chemical Identities Contained in Health 

704 and Safety Studies and Data from Health and Safety Studies Submitted Under the 

705 Toxic Substances Control Act. Notice. Federal Register (75 FR 29754, May 27, 

706 2010). (FRL-8827-3).

707 19. Letter from Christina Franz, Senior Director, Regulatory & Technical Affairs, 

708 American Chemistry Council (ACC) to Wendy Cleland-Hamnett, Director OPPT, 

709 US EPA: "Comments of the American Chemistry Council on the TSCA Section 21 

710 Petition Concerning Oil and Gas Exploration and Production Chemicals", October 20, 

711 2011.

712 20. Letter from Mark N. Duvall, Council for Halliburton Energy Services, Inc. to Wendy 

713 Cleland-Hamnett, Director OPPT, US EPA: " TSCA Section 21 Petition Regarding 
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714 Oil and Gas Exploration and Production Chemicals; Comments of Halliburton Energy 

715 Services, Inc.", October 26, 2011.

716 21. U.S. Department of Energy. The SEAB Shale Gas Production Subcommittee Ninety717 Day Report. August 18, 2011. Available on-line at: 

718 http://www.shalegas.energy.gov/resources/081811_90_day_report_final.pdf.

719 22. EPA. TSCA Inventory Update Reporting Modifications; Chemical Data Reporting. 

720 Final Rule. Federal Register (76 FR 50816, August 16, 2011). (FRL–8872–9).

721 23. EPA. TSCA Section 4(a) Final Statement of Policy; Criteria for Evaluating 

722 Substantial Production, Substantial Release, and Substantial or Significant Human 

723 Exposure. Final Statement of Policy. Federal Register (58 FR 28736, May 14, 

724 1993). (FRL-4059-9). 

725 List of Subjects

726 Environmental protection, exploration and production (E&P), hydraulic 

727 fracturing, oil and gas, Toxic Substances Control Act (TSCA). 

728 Dated: ____________________

729

730

731

732 James J. Jones,

733 Acting Assistant Administrator, Office of Chemical Safety and Pollution Prevention.