Friday, May 9, 2014

OMB Approves EPA Fracking Chemical ANPRM

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it has approved for publication an EPA advanced notice of proposed rulemaking (ANPRM). According to the Unified Agenda entry for this rulemaking (RIN 2070-AJ93) is in response to a citizen petition filed under §21 {15 USC 2620} of the Toxic Substances Control Act (TSCA). The EPA has granted the petition to initiate this rulemaking under TSCA 8a {15 USC 2607(a)} and 8d {15 USC 2607(d)}.

According to the EPA’s Hydraulic Fracturing web site the EPA under this rulemaking is only granting a portion of the requested action under the petition.

The EPA is not officially committed to any specific action under the initiation of this rulemaking. The Unified Agenda entry explains that:

“EPA anticipates that States, industry, public interest groups, and members of the public will be participants in the process. The stakeholder process will bring stakeholders together to discuss the information needs and help EPA to ensure any reporting burdens and costs are minimized, ensuring information already available is considered in order to avoid duplication of efforts.”

The ANPRM could be published as soon as next week.

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