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May 29, 2014

A "National List" of Fracking Chemicals?

Arnold & Porter Advisory

EPA has published an advance notice of proposed rulemaking seeking public input on its proposed collection of information about the composition of, and possible health and environmental effects from exposure to, chemicals used in hydraulic fracturing. Although many states have already passed regulations requiring the disclosure of fracking chemicals, the proposed TSCA reporting requirements would increase federal control over fracking activities. Such a rulemaking has the potential to establish more regulatory uniformity and increase the emphasis on the potential impacts to human and environmental exposures to fracking chemicals. Manufacturers, processors, and distributors of fracking chemicals, companies that utilize those chemicals, and other stakeholders will want to engage EPA to ensure that the Agency considers fully how these proposed disclosure requirements would affect them, if implemented.

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