EPA to Develop Reporting Rule for Fracking Chemicals

The Environmental Protection Agency will partially grant the Aug. 4, 2011 petition of Earthjustice and 120 other groups, requesting that EPA issue Toxic Substances Control Act (TSCA) section 4 and 8 rules requiring toxicity testing and reporting of health and safety studies on oil and gas exploration and production chemicals. On Nov. 23rd the EPA announced it will partially grant the reporting portion of the petition, and will solicit public input on the design and scope of possible reporting requirements for chemicals used in hydraulic fracturing.

The rule requested under TSCA Sections 8(a) and 8(d) would establish reporting requirements for companies that manufacture and process chemicals used in exploration and processing of natural gas, and would require them to submit to the EPA lists and copies of all existing health and safety studies conducted or initiated by or for them, known to them, or “reasonably” ascertainable to them. Public comment will be accepted on this proposal.

The EPA informed the petitioners that it is not granting the request to require toxicity testing because the petition does not satisfy the required TSCA statutory requirements for additional testing.

Hydraulic fracturing, or “fracking,” is the high-pressure injection of water, sand, and some chemical additives into geological layers to create or expand fractures through which hydrocarbons can flow to a well. It is most often used to extract gas trapped in shale or coal, but is also used to extract oil from low-permeability sandstone formations, called “tight sands.”

The EPA and the Department of Interior are both working on new federal rules to regulate various aspects of fracking. These regulations are important to Wisconsin not because we have an abundance of underground gas reserves, but because the fracturing companies use sand from Wisconsin mines as one of the fracturing agents.

This post was authored by GLLF staff attorney Emily Kelchen.