Citizen Petition under Toxic Substances Control Act Regarding the Chemical Substances and Mixtures Used in Oil and Gas Exploration or Production

The document is a citizen petition submitted to the EPA requesting the promulgation of rules under the Toxic Substances Control Act (TSCA) to address the lack of public and regulatory information regarding chemicals used in oil and gas exploration and production (E&P Chemicals). The petitioners argue that current regulatory gaps—including the 'Halliburton Loophole' and inadequate Material Safety Data Sheets (MSDS)—allow the industry to conceal toxic fluids that pose unreasonable risks to human health and the environment. The petition cites evidence of groundwater contamination, air quality degradation, and animal fatalities across several U.S. states. It specifically requests that the EPA mandate toxicity testing under TSCA section 4, require detailed reporting of chemical identities and volumes under section 8(a), call in records of adverse reactions under section 8(c), and require the submission of all existing health and safety studies under section 8(d).

• The petitioners argue that the EPA and the public lack sufficient data on the identity and health effects of E&P Chemicals, which are used in increasing quantities as oil and gas development expands in the United States.
• Current federal regulations are described as having significant gaps, notably the 'Halliburton Loophole' which exempts hydraulic fracturing from the Safe Drinking Water Act's Underground Injection Control program unless diesel fuel is used.
• Material Safety Data Sheets (MSDSs) are deemed inadequate for identifying E&P Chemicals because manufacturers have wide discretion and can omit chemicals that constitute less than one percent of a product's volume or claim them as trade secrets.
• A study by The Endocrine Disruption Exchange (TEDX) of 980 products found that 43 percent of the MSDSs disclosed less than one percent of the products' chemical composition, while only 14 percent disclosed more than 95 percent.
• Analysis by the New York State Department of Environmental Conservation (NYSDEC) identified several groups of chemicals in fracturing fluids associated with severe health risks, including BTEX compounds (nervous system and organ damage), formaldehyde (cancer), and 1,4-dioxane (liver cancer).
• The petition documents widespread environmental harm, including at least 34 million gallons of crude oil and E&P Chemicals spilled nationwide in 2010, and nearly 400 cases of groundwater contamination from oil and gas pits in New Mexico.
• Specific instances of human health impact are cited, such as an emergency room nurse in Durango, Colorado, who suffered chemical poisoning after contact with the product ZetaFlow, the manufacturer of which refused to disclose proprietary compounds to the hospital.
• The petition highlights risks to vulnerable populations, noting that hundreds of well sites in Pennsylvania are located within one or two miles of 320 day care facilities, 67 schools, and nine hospitals.

APA

Earthjustice (2011). Citizen Petition under Toxic Substances Control Act Regarding the Chemical Substances and Mixtures Used in Oil and Gas Exploration or Production. http://earthjustice.org/sites/default/files/fracking_petition.pdf

Chicago

Earthjustice. Citizen Petition under Toxic Substances Control Act Regarding the Chemical Substances and Mixtures Used in Oil and Gas Exploration or Production. 2011. http://earthjustice.org/sites/default/files/fracking_petition.pdf.

Wikipedia

{{cite report |author=Earthjustice |title=Citizen Petition under Toxic Substances Control Act Regarding the Chemical Substances and Mixtures Used in Oil and Gas Exploration or Production |date=4 August 2011 |url=http://earthjustice.org/sites/default/files/fracking_petition.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{earthjustice2011citizen, author = {{Earthjustice}}, title = {{Citizen Petition under Toxic Substances Control Act Regarding the Chemical Substances and Mixtures Used in Oil and Gas Exploration or Production}}, institution = {Earthjustice}, year = {2011}, month = aug, url = {http://earthjustice.org/sites/default/files/fracking_petition.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }