EPA To Use Toxic Substances Control Act To Require Disclosures Regarding Hydraulic Fracturing Fluids

In response to a petition filed by Earthjustice and several other organizations, the United States Environmental Protection Agency has stated that it will use the Toxic Substances Control Act (TSCA) to draft regulations requiring companies to disclose information regarding "chemical substances and mixtures used in hydraulic fracturing." Although the EPA has not indicated what information will be subject to disclosure, the agency stated that it will attempt to avoid duplication of "the well-by-well disclosure programs already being implemented in several states," and that it anticipates that its regulations will "focus on providing aggregate pictures of the chemical substances and mixtures used in hydraulic fracturing."