“Legal Limit May Drive Novel Voluntary Plan In EPA’s TSCA Fracking Rule” Cites B&C Commentary

An article in the May 30, 2014 edition of Inside EPA, “Legal Limit May Drive Novel Voluntary Plan In EPA’s TSCA Fracking Rule,” featured commentary by B&C on EPA’s advance notice of proposed rulemaking (ANPR) to seek comment on the information that should be reported or disclosed for hydraulic fracturing chemical substances and mixtures and the mechanism for obtaining this information.

“In a May 20 analysis of the ANPR, the law firm Bergeson & Campbell also flags the ‘processors’ issue, saying the notice raises a host questions relating to ‘significant and difficult legal, procedural and policy issues.’ Noting that the ANPR includes service companies in its discussion of the companies that may be subject to Section 8 reporting, which ordinarily would not apply to ‘users,’ the analysis says, that though such service providers may ‘process’ the chemical while blending the fracking fluid, they could become end users when doing the injection and therefore avoid being caught by section 8 requirements. ‘Or by raising the point is EPA sotto voce asking for comment on whether such an activity fits within ‘processing?’,’ the analysis asks. ‘In context, either interpretation is possible.’ “