On May 9, 2014, U.S. EPA issued an Advance Notice of Proposed Rulemaking under Section 8 of the Toxic Substances Control Act regarding the disclosure of chemicals used in the hydraulic fracturing process. The notice explains that EPA is requesting comment on the information that should be obtained or disclosed and the mechanism – regulatory, voluntary, or both – for obtaining or disclosing information about chemicals and mixtures used in hydraulic fracturing. The stated purpose of the rulemaking is to increase transparency regarding chemical disclosure and, at the same time, avoid duplication of existing reporting requirements.

Comments must be submitted within 90 days after publication of the notice in the Federal Register.