Additional Fracking Chemical Substance Reporting Requirements Under TSCA May Further Complicate Landscape

Hydraulic fracturing (fracking) has risen to the forefront in the U.S. energy policy debate, and concern over fracking chemicals has prompted changes in the regulatory landscape. The U.S. Environmental Protection Agency (EPA) is planning to use its authority under the Toxic Substances Control Act (TSCA) to issue reporting requirements for the chemical substances and mixtures used in fracking.  Manufacturers, processors and distributors of these chemical substances, the companies that utilize the substances, and other stakeholders will want to engage with EPA to ensure any proposed rules consider existing reporting burdens and existing state laws.  They should also understand the extent to which reporting commercially sensitive information to EPA could lead to its public disclosure under TSCA.