On March 11, the Environmental Protection Agency (EPA) sent a draft advanced notice of proposed rulemaking to the Office of Management and Budget for regulatory review. The notice relates to reporting on the health and safety of chemicals used in hydraulic fracturing fluid under Sections 8(a) and 8(d) of the Toxic Substances Control Act.
The EPA prepared the notice in response to petitions for a rulemaking submitted by environmental groups urging the EPA to request disclosure of more information on hydraulic fracturing fluid chemicals. The EPA previously rejected the groups' request that, under Section 4 of the Toxic Substances Control Act, the EPA should require manufacturers and processors to undertake toxicity testing for hydraulic fracturing fluid chemicals.
The EPA has previously reported that it intends to use the advanced notice of proposed rulemaking to conduct a stakeholder outreach process to gather input on any Toxic Substances Control Act reporting requirements before issuing a proposed rule. The EPA may seek input on, for example, the need for a rule, as the EPA stated that it is not committed to a particular outcome. The notice would also likely seek input on:
- the scope and type of information that users might be expected to gather and report;
- the ways in which information already collected may be used to avoid duplication of effort; and
- how to address information that contains confidential business information.
For further information on this topic please contact Roger Martella, Samuel Boxerman, Joel Visser or Jim Wedeking at Sidley Austin LLP by telephone (+1 202 736 8000), fax (+1 202 736 8711) or email ([email protected], [email protected], [email protected], or [email protected]). The Sidley website can be accessed at www.sidley.com.
