An association of state pesticide regulators recently raised an issue as to whether the use of certain biocides in hydraulic fracturing fluids are in violation of FIFRA. Biocides are commonly used in hydraulic fracturing fluids to control bacterial growth. According to recent comments by Jeff Comstock, the president-elect of the Association of American Pesticide Control Officials ("AAPCO"), association members have asked U.S. EPA's Antimicrobials Division whether the use of these biocides in fracturing fluids is regulated under FIFRA. According to Mr. Comstock, the use of biocides in fracturing fluids would appear to constitute a "pesticide use application" and drilling companies are mixing some industrial grade compounds into fracturing fluids to serve as biocides without those compounds being technically labeled for such use. Although fracturing fluids are generally exempted from some environmental laws, there are not any exemptions contained in FIFRA. Certain biocides such as glutaraldehyde have already been approved under FIFRA for use as a biocide in fracturing wells. According to the AAPCO, other materials listed as being used as biocides in fracturing fluids have not similarly been approved under FIFRA. U.S. EPA has been invited to speak on this issue at a future AAPCO meeting.