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Hydraulic Fracturing Chemicals; Chemical Information Reporting under TSCA section 8(a) and Health and Safety Data Reporting under TSCA section 8(d)

03/19/14

Source: Office of Management and Budget
Related Topics: Toxic Substances Control Act (TSCA) US Environmental Protection Agency

On 03/13/2014 the White House Office of Management and Budget received an advanced notice of proposed rulemaking on TSCA reporting for chemicals used in hydraulic fracturing. In response to a petition filed under section 21 of the Toxic Substances Control Act (TSCA), EPA plans to initiate rulemaking proceeding under TSCA sections 8(a) and 8(d) to obtain data on chemical substances and mixtures used in hydraulic fracturing. Although EPA has granted the petitioners' request to initiate a rulemaking proceeding under TSCA sections 8(a) and 8(d), the Agency is not committing to a specific rulemaking outcome. EPA intends to first develop an Advance Notice of Proposed Rulemaking (ANPRM) and initiate a stakeholder process to provide input on the design and scope of the TSCA reporting requirements that would be included in a proposed rule. EPA anticipates that States, industry, public interest groups, and members of the public will be participants in the process. The stakeholder process will bring stakeholders together to discuss the information needs and help EPA to ensure any reporting burdens and costs are minimized, ensuring information already available is considered in order to avoid duplication of efforts. The dialogue will also assist EPA in determining how information that is claimed Confidential Business Information could be aggregated and disclosed to maximize transparency and public understanding.

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