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Regulatory Development and Retrospective Review Tracker

Hydraulic Fracturing Chemicals and Mixtures

a.k.a. Hydraulic Fracturing; TSCA Section 8(a) and 8(d) Reporting


RIN: 2070-AJ93 (What's this?)

Docket No.: EPA-HQ-OPPT-2011-1019 (What's this?)

Current Phase: Pre-Proposal (What's this?)

Abstract:
In response to a petition filed under section 21 of the Toxic Substances Control Act (TSCA), EPA issued an Advanced Notice of Proposed Rulemaking which published in May of 2014 to solicit input on possible reporting. EPA plans to develop a Notice of Proposed Rulemaking (NPRM) to obtain data on hydraulic fracturing chemical substances and mixtures.

The mechanism for obtaining data could be regulatory (under TSCA section 8(a) and/or section 8(d)), voluntary, or a combination of both and could include best management practices, third-party certification and collection, and incentives for disclosure of this information. The Agency plans to consider ways to minimize reporting burdens and costs and avoid the duplication of state and other federal agency information collections, while maximizing data available for EPA risk characterization, external transparency, and public understanding. EPA anticipates that states, tribes, industry, public interest groups, and members of the public will provide input to EPA on reporting information needs and concerns.
Timeline

MilestoneDate
Initiated01/11/2012
ANPRM: Sent to OMB for Regulatory Review03/11/2014
ANPRM: Received by OMB03/13/2014
ANPRM: Regulatory Review Concluded05/08/2014
ANPRM: Comment Period Open05/19/2014
ANPRM: Published in FR05/19/2014
ANPRM: Comment Period Extension Published in FR07/14/2014
ANPRM: Comment Period Closed08/18/2014
ANPRM: Comment Period Closed with Extension09/18/2014

Potential Effects

Environmental Justice
This rulemaking involves a topic that is likely to be of particular interest to or have particular impact upon minority, low-income, tribal, and/or other vulnerable populations because:

  • The topic is likely to have the following impact: The agency is particularly concerned about the potential for disproportionate impacts from hydraulic fracturing in environmental justice communities, and would like to have a better understanding of the chemicals and mixtures that are used during that process, and subsequently disposed of, in and around these communities.

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR Subchapter R

Legal Authority
15 U.S.C. 2601 et seq

Disclaimer

This site provides summaries of priority rulemakings and priority retrospective reviews of existing regulations. We update most of the site at the beginning of each month, though some data is updated more frequently if it is time sensitive. The information on this site is not intended to and does not commit EPA to specific conclusions or actions. For example, after further analysis, EPA may decide the effects of a rule would be different or it may decide to terminate a rulemaking.


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