By Robert Lawrence
In a significant development yesterday, a number of environmental organizations submitted a petition to EPA on August 4 seeking to require manufacturers and processors of chemicals used in hydraulic fracturing and other oil and gas exploration and production operations to disclose the contents of the "chemical substances and mixtures" used in these operations. Earthjustice’ New York office sent the 22 page petition to EPA on behalf of more than 100 environmental organizations, including branches of the Sierra Club, Environmental Defense Fund and the League of Women Voter, seeking relief under the Toxic Substances Control Act ("TSCA").
Specifically, the environmental organizations petitioned EPA under section 21 of TSCA “to promulgate rules protecting public health and the environment from the serious risks posed by chemical substances and mixtures used in oil and gas exploration or production (“E&P Chemicals”).” The petitioners requested that EPA "adopt a rule requiring that manufacturers and processors of E&P Chemicals conduct toxicity testing of all E&P Chemicals and identify all chemical substances and mixtures tested." They also seek promulgation of a rule under TSCA section 8 requiring the maintenance and submission of various records related to E&P Chemicals, “calling in records of allegations of significant adverse reactions to E&P Chemicals, and requiring submission of all existing health and safety studies related to E&P Chemicals.”
The petitioners allege that these rules are needed because EPA and the public lack adequate data about the identify of chemicals used in hydraulic fracturing operations, as wells as about the "significant adverse reactions posed by E&P Chemicals, and health and environmental hazards, exposures, and risks posed by E&P Chemicals."
EPA reportedly is not commenting on the petition at this time.
