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The Devil's in the Details: EPA's Advance Notice of Proposed Rulemaking on Hydraulic Fracturing Disclosure

May 20, 2014

On May 9, 2014, the U.S. EPA issued a pre-publication copy of an Advance Notice of Proposed Rulemaking (ANPR) requesting public comment on regulatory and voluntary mechanisms for obtaining information on chemical substances and mixtures used in hydraulic fracturing (HF) operations. EPA intends to rely for this purpose upon its Toxic Substances Control Act (TSCA) authority – namely, TSCA Section 8(a), which authorizes EPA to require chemical manufacturers and processors to maintain records and submit information to the Agency, and TSCA Section 8(d), which authorizes EPA to require the submission of health and safety studies from chemical manufacturers, processors, and distributors.