Environmental Groups File TSCA Petition Seeking to Regulate Fracking Chemicals

By Steven M. Siros

On August 4, 2011, EarthJustice and a number of other environmental groups, submitted a petition to the United States Environmental Protection Agency ("U.S. EPA") seeking to compel U.S. EPA to promulgate rules regulating the production and use of chemical substances and mixtures used in oil and gas exploration and production ("E&P Chemicals") pursuant to the Toxic Substances Control Act ("TSCA").  More specifically, the petition requests that U.S. EPA promulgate a rule under TSCA § 4 that would require manufacturers and processors of  E&P Chemicals to conduct acute and chronic toxicity studies to characterize and evaluate the hazards and potential health and environmental effects of these chemicals.  The petition also requests that U.S. EPA promulgate a rule under TSCA § 8 that would obligate manufacturers and processors to maintain and submit records concerning the nature of E&P Chemicals (trade name, molecular structure, categories of use, volume of product being manufactured or used, a description of any possible byproducts, etc.).  In addition, petitioners request that U.S. EPA require that processors and manufacturers be required to submit any information related to allegations of significant adverse reactions to human health or the environment.  Finally, petitioners are seeking to require manufacturers and processors to submit copies of all existing health and safety studies related to these E&P Chemicals.  Critics of the petition have stated that much of the information requested by petitioners already is publicly available and that petitioners have failed to demonstrate substantial human or environmental exposure from E&P chemicals.  To see a copy of the petition, click here.