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| Poster against fracking in Vitoria-Gasteiz, Spain, October 2012 |
Politics and public policy
To control the hydraulic fracturing industry, some governments are developing legislation and some municipalities are developing local zoning limitations. In 2011, France became the first nation to ban hydraulic fracturing. Some other countries have placed a temporary moratorium on the practice. The US has the longest history with hydraulic fracturing, so its approach to hydraulic fracturing may be modeled by other countries.
The considerable opposition against hydraulic fracturing activities in local townships has led companies to adopt a variety of public relations measures to assuage fears about hydraulic fracturing, including the admitted use of "military tactics to counter drilling opponents". At a conference where public relations measures were discussed, a senior executive at Anadarko Petroleum was recorded on tape saying, "Download the US Army / Marine Corps Counterinsurgency Manual, because we are dealing with an insurgency", while referring to hydraulic fracturing opponents. Matt Pitzarella, spokesman for Range Resources also told other conference attendees that Range employed psychological warfare operations veterans. According to Pitzarella, the experience learned in the Middle East has been valuable to Range Resources in Pennsylvania, when dealing with emotionally charged township meetings and advising townships on zoning and local ordinances dealing with hydraulic fracturing.
Police officers have recently been forced, however, to deal with intentionally disruptive and even potentially violent opposition to oil and gas development. In March 2013, ten people were arrested during an "anti-fracking protest" near New Matamoras, Ohio, after they illegally entered a development zone and latched themselves to drilling equipment. In northwest Pennsylvania, there was a drive-by shooting at a well site, in which an individual shot two rounds of a small-caliber rifle in the direction of a drilling rig, just before shouting profanities at the site and fleeing the scene. And in Washington County, Pa., a contractor working on a gas pipeline found a pipe bomb that had been placed where a pipeline was to be constructed, which local authorities said would have caused a “catastrophe” had they not discovered and detonated it.
Media coverage
Josh Fox's 2010 Academy Award nominated film Gasland became a center of opposition to hydraulic fracturing of shale. The movie presented problems with ground water contamination near well sites in Pennsylvania, Wyoming, and Colorado. Energy in Depth, an oil and gas industry lobbying group, called the film's facts into question. In response, a rebuttal of Energy in Depth's claims of inaccuracy was posted on Gasland's website. The Director of the Colorado Oil and Gas Conservation Commission (COGCC) offered to be interviewed as part of the film if he could review what was included from the interview in the final film but Fox declined the offer. Exxon Mobil, Chevron Corporation and ConocoPhillips aired advertisements during 2011 and 2012 that claim to describe the economic and environmental benefits of natural gas and argue hydraulic fracturing is safe.
The film Promised Land, starring Matt Damon, takes on hydraulic fracturing. The gas industry has made plans to counter the film's criticisms of hydraulic fracturing with informational flyers, and Twitter and Facebook posts.
One New York Times report claimed that an early draft of a 2004 EPA study discussed "possible evidence" of aquifer contamination but the final report omitted that mention. Some have criticized the narrowing of EPA studies, including the EPA study on hydraulic fracturing's impact on drinking water to be released in late 2014, such that hydrocarbon extraction processes not unique to hydraulic fracturing, such as drilling, casing, and above ground impacts, are considered beyond scope.
Energy Policy Act of 2005
| Enacted by the | 109th United States Congress |
|---|---|
| Citations | |
| Public Law | Pub. L. 109-58 |
| Legislative history | |
| |
| Major amendments | |
| American Recovery and Reinvestment Act of 2009 | |
General provisions
Tax reductions by subject area
GasLand-the documentary
http://www.youtube.com/watch?
He was arrested for attempting to film a congressional hearing on the issue.
http://www.youtube.com/watch?
Exemptions for hydraulic fracturing under United States federal law
There are many exemptions for hydraulic fracturing under United States federal law: the oil and gas industries are exempt or excluded from several of the major federal environmental laws. These laws range from protecting clean water and air, to preventing toxic substances and chemicals in the environment: the Clean Air Act, Clean Water Act, Safe Drinking Water Act, National Environmental Policy Act, Resource Conservation and Recovery Act, Emergency Planning and Community Right-to-Know Act, and the Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as Superfund.
Clean Water Act
The Clean Water Act is a result of the 1972 amendments to the Federal Water Pollution Control Act, which was passed to ultimately eliminate pollution discharge into any body of water in the United States. One of the major mechanisms for implementing this statute was to create a permitting process for all discharging methods that involved dumping pollutants into streams, lakes, rivers, wetlands, or creeks. Then, in 1987, congress amended the act, requiring the EPA to develop a permitting program for storm water runoff, but the exploration, production, and processing of oil and gas exploration was exempt. And as part of the Energy Policy Act of 2005, also known as the "Halliburton Loophole," these exemptions were once again expanded; therefore now including exemptions for waste water from gas and oil construction activities which includes "oil and gas exploration, production, process, or treatment operations and transmission facilities" as part of the definition of construction activities.Safe Drinking Water Act
In 1974, The Safe Drinking Water Act (SDWA) was passed to protect the quality of U.S. public drinking water and aims to protect above and below ground water sources that are or could potentially be used for human consumption. Section C of the SDWA requires the EPA to establish minimum regulations for State Underground Injection Control Programs. Under part C, Section 1421 of the SWDA, underground injection is "the subsurface emplacement of fluids by well injection." This definition should allow for the EPA to regulate hydraulic fracturing and was upheld by the 1997 U.S. Court of Appeals 11th Circuit which ruled that "hydraulic fracturing activities constitute underground injection according to Section C of the SDWA This required the EPA and state underground injection control programs to regulate hydraulic fracturing under the SDWA. Shortly after this the EPA conducted a study of impacts of hydraulic fracturing and published its findings in 2004. Under section 7.4, they "concluded that the injection of hydraulic fracturing fluids into coalbed methane wells poses little or no threat to USDWs and does not justify additional study at this time" which was translated into two amendments for SDWA with the passage of the 2005 Energy Policy Act. The Amendments added two exclusions to the definition of underground injection: ""(i) the underground injection of natural gas for purposes of storage; and (ii) the underground injection of fluids or propping agents (other than diesel fuels) pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities. This allows for any underground injection related to hydraulic fracturing as long as it is not diesel fuel, even if it jeopardizes potential drinking water sources.Congress Releases Report on Toxic Chemicals Used In Fracking
by Jay Kimball on 17 April 2011
Democrats of the Congressional Committee on Energy and Commerce just released a new report detailing chemicals used in the toxic gas exploration process known as Hydraulic Fracturing (fracking or fracing). Fracking is a technique used to extract natural gas from oil shale beneath the earths surface. Communities are increasingly concerned about fracking polluting public water systems and the environment, when the chemicals leak into aquifers, rivers, streams and the atmosphere.While the oil/gas industry has denied any problem, there is mounting evidence that public water systems and private wells are being polluted in areas around the drilling sites. In states such as Pennsylvania, politicians have welcomed Big Oil in with open arms, and thousands of gas extraction wells are expected to be drilled this year. Presently, the natural gas industry does not have to disclose the chemicals used, but scientists have identified known carcinogens and volatile organic compounds (VOCs) such as benzene, toluene, ethylbenzene and xylene. The chemicals can most often leak in to the water system in several ways:
Derrick – The natural gas process involves drilling 5,000 feet or more down and a comparable distance horizontally. The majority of the drilling liquid remains in the ground and is not biodegradable.
Well Casing – If the well casing that penetrates through the aquifer is not well sealed, chemicals can leak in to the aquifer.
Fractured Shale – To release the gas from underground, millions of gallons of water, sand and proprietary chemicals are injected, under high pressure, into the well. The pressure fractures the shale and props open fissures that enable natural gas to flow more freely out of the well. These fissures may allow the chemicals to enter the water system. In addition, recent reports suggest that radiation in the ground is contaminating the fracking fluid. This radiation has been showing up in drinking water. For more on that see the NY Times investigative article by Ian Urbina Regulation Lax as Gas Wells’ Tainted Water Hits Rivers.
Surface Contamination - The gas comes up wet in produced water and has to be separated from the wastewater on the surface. Only 30-50% of the water is typically recovered from a well. This wastewater can be highly toxic. Holding ponds, and handling mishaps can release this toxic brew into the environment. For some examples, see the video below about residents in Pennsylvania and the impact of fracking on their water systems. Surface evaporation of VOCs coming into contact with diesel exhaust from trucks and generators at the well site, can produce ground level ozone. Ozone plumes can travel up to 250 miles.
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| For more detailed interactive image, see below. |
Horizontal fracking uses up to 300 tons of a mixture of 750 chemicals, many of them proprietary, and millions of gallons of water per frack. This water then becomes contaminated and must be cleaned and disposed of. To date, the oil/gas industry has been secretive about what chemicals are used, and has lobbied Congress for a variety of protections. Much of the contaminated water is taken to water treatment plants that are not designed to process the chemicals and radiation found in fracking fluids.
In 2005, the Bush/ Cheney Energy Bill exempted natural gas drilling from the Safe Drinking Water Act. It exempts companies from disclosing the chemicals used during hydraulic fracturing. Essentially, the provision took the Environmental Protection Agency (EPA) off the job. It is now commonly referred to as the Halliburton Loophole.
The FRAC Act (Fracturing Responsibility and Awareness of Chemical Act) is a House bill intended to repeal the Halliburton Loophole and to require the natural gas industry to disclose the chemicals they use.
The Safe Drinking Water Act was passed by Congress, in 1974, to ensure clean drinking water free from both natural and man-made contaminates. Remember the days when rivers were so polluted with toxic industrial waste that they would ignite into flame?
Here’s the introduction from the Democrats report from the Energy and Commerce Committee – Chemicals Used In Hydraulic Fracturing (N.B. click on the link at left to see the actual report and list of chemicals):
Today Energy and Commerce Committee Ranking Member Henry A. Waxman, Natural Resources Committee Ranking Member Edward J. Markey, and Oversight and Investigations Subcommittee Ranking Member Diana DeGette released a new report that summarizes the types, volumes, and chemical contents of the hydraulic fracturing products used by the 14 leading oil and gas service companies. The report contains the first comprehensive national inventory of chemicals used by hydraulic fracturing companies during the drilling process.
“Hydraulic fracturing has helped to expand natural gas production in the United States, but we must ensure that these new resources don’t come at the expense of public health,” said Rep. Waxman. “This report shows that these companies are injecting millions of gallons of products that contain potentially hazardous chemicals, including known carcinogens. I urge EPA and DOE to make certain that we have strong protections in place to prevent these chemicals from entering drinking water supplies.”
“With our river ways and drinking water at stake, it’s an absolute necessity that the American public knows what is in these fracking chemicals,” said Rep. Markey. “This report is the most comprehensive look yet at the composition of the chemicals used in the fracking process, and should help the industry, the government, and the American public push for a safer way to extract natural gas.”
During the last Congress, the Committee launched an investigation into the practice of hydraulic fracturing in the United States, asking the leading oil and gas service companies to disclose information on the products used in this process between 2005 and 2009.
The Democratic Committee staff analyzed the data provided by the companies about their practices, finding that:
- The 14 leading oil and gas service companies used more than 780 million gallons of hydraulic fracturing products, not including water added at the well site. Overall, the companies used more than 2,500 hydraulic fracturing products containing 750 different chemicals and other components.
- The components used in the hydraulic fracturing products ranged from generally harmless and common substances, such as salt and citric acid, to extremely toxic substances, such as benzene and lead. Some companies even used instant coffee and walnut hulls in their fracturing fluids.
- Between 2005 and 2009, the oil and gas service companies used hydraulic fracturing products containing 29 chemicals that are known or possible human carcinogens, regulated under the Safe Drinking Water Act (SDWA) for their risks to human health, or listed as hazardous air pollutants under the Clean Air Act.
- The BTEX compounds – benzene, toluene, xylene, and ethylbenzene – are SDWA contaminants and hazardous air pollutants. Benzene also is a known human carcinogen. The hydraulic fracturing companies injected 11.4 million gallons of products containing at least one BTEX chemical over the five-year period.
- Methanol, which was used in 342 hydraulic fracturing products, was the most widely used chemical between 2005 and 2009. The substance is a hazardous air pollutant and is on the candidate list for potential regulation under SDWA. Isopropyl alcohol, 2-butoxyethanol, and ethylene glycol were the other most widely used chemicals.
- Many of the hydraulic fracturing fluids contain chemical components that are listed as “proprietary” or “trade secret.” The companies used 94 million gallons of 279 products that contained at least one chemical or component that the manufacturers deemed proprietary or a trade secret. In many instances, the oil and gas service companies were unable to identify these “proprietary” chemicals, suggesting that the companies are injecting fluids containing chemicals that they themselves cannot identify.
How Fracking Can Effect Your Community And What You Can Do About It
Once a communities water system is made toxic, property values plummet. Homeowners end up with homes that can’t be sold at anywhere near their original value. They are forced to live in their un-sellable homes and continue to be exposed to the toxic environment. Fracking can compromise public health and environmental quality. The map below from the Gasland project shows where oil shale gas drilling areas are most intensive, in red.
Here’s a more detailed map from the Energy Information Administration showing “Shale Plays.”
The term “play” is used in the oil and gas industry to refer to a geographic area which has been targeted for exploration due to: favorable geoseismic survey results; well logs; or production results from a new or “wildcat well” in the area. An area comes into play when it is generally recognized that there is a valuable quantity of oil or gas to be found. Oil and gas companies will send out professional “land men” who research property records at the local courthouses and after having located landowners who own the mineral rights in the play area, will offer them an oil and gas lease deal. Competition for acreage usually increases based on how hot the play is in terms of production from discovery wells in the area. The more oil and gas there is to be had, the higher the lease payments per acre are.
And money talks. Homeowners and towns can be attracted to the offer of money for exploitation of the shale. The heavy costs paid are only realized after the deal is signed – costs to the environment, increased industrial traffic through the community, attraction of outsider oil/gas workforce that can stress local community wellbeing, and of course – environmental degradation, and risk to public water systems.
Bryan Walsh, one of my favorite environmental reporters, just published this evenhanded video that looks at some specific examples of toxic fracking related events in Pennsylvania, the heart of east coast gas extraction. While business leaders in the community enjoy the increased hotel and travel related economics, the devastating impact on homeowners and communities can be tragic.
As the video shows, there is a growing conflict between public health interests and business interests. Anytime oil/gas is involved, big money is at stake. Big Oil spends tens of millions of dollars lobbying politicians to favor their business, often at the expense of public health and the environment. Local businesses welcome all the truckers, traffic and drilling personnel because it means increased commerce. But at what cost?
Communities are fighting back. Do your homework and get to know about fracking. The articles below in Recommended Reading are a good start, and rent the HBO movie documentary Gasland. You will get a good background on how communities across the US are being effected. If you think your community is being impacted by fracking, the Gasland producers have setup a good website to learn more and with tips on how to Take Action, including links to elected officials, info on local organizations, and email action alerts. Remember – oil companies are funneling big money into politicians coffers to influence public policy. It will take your steady, informed, organized community voice to counter big oil special interests.
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| April 11 anti-fracking protest in Albany, NY, for safe drinking water |
For ideas on how to hold your elected officials accountable, read Nicholas Kristof’s really fine article on The Power of Mockery. It highlights one of the most effective ways for grass-roots movements to speak truth to power. He also features Tina Rosenberg’s new book Join the Club: How Peer Pressure Can Transform the World. Kristoff offers examples of the techniques in action, including: how kids took on Big Tobacco and reduced teen smoking in Florida; the Egyptian revolution; Serbia, etc.
I just added this excellent video by Josh Fox, calling out NY Governor Cuomo on fracking. It is an excellent review of secret memos leaked from the gas industry, detailing how fracking system failures pollute our water resources. Rolling Stone Magazine online has a good article calling the Governor out on fracking.
And finally, support politicians that are committed to a strong Environmental Protection Agency (EPA).
What Chemicals Are Used
As previously noted, chemicals perform many functions in a hydraulic fracturing job. Although there are dozens to hundreds of chemicals which could be used as additives, there are a limited number which are routinely used in hydraulic fracturing. The following is a list of the chemicals used most often. This chart is sorted alphabetically by the Product Function to make it easier for you to compare to the fracturing records .
| Chemical Name | CAS | Chemical Purpose | Product Function |
| Hydrochloric Acid | 007647-01-0 | Helps dissolve minerals and initiate cracks in the rock | Acid |
| Glutaraldehyde | 000111-30-8 | Eliminates bacteria in the water that produces corrosive by-products | Biocide |
| Quaternary Ammonium Chloride | 012125-02-9 | Eliminates bacteria in the water that produces corrosive by-products | Biocide |
| Quaternary Ammonium Chloride | 061789-71-1 | Eliminates bacteria in the water that produces corrosive by-products | Biocide |
| Tetrakis Hydroxymethyl-Phosphonium Sulfate | 055566-30-8 | Eliminates bacteria in the water that produces corrosive by-products | Biocide |
| Ammonium Persulfate | 007727-54-0 | Allows a delayed break down of the gel | Breaker |
| Sodium Chloride | 007647-14-5 | Product Stabilizer | Breaker |
| Magnesium Peroxide | 014452-57-4 | Allows a delayed break down the gel | Breaker |
| Magnesium Oxide | 001309-48-4 | Allows a delayed break down the gel | Breaker |
| Calcium Chloride | 010043-52-4 | Product Stabilizer | Breaker |
| Choline Chloride | 000067-48-1 | Prevents clays from swelling or shifting | Clay Stabilizer |
| Tetramethyl ammonium chloride | 000075-57-0 | Prevents clays from swelling or shifting | Clay Stabilizer |
| Sodium Chloride | 007647-14-5 | Prevents clays from swelling or shifting | Clay Stabilizer |
| Isopropanol | 000067-63-0 | Product stabilizer and / or winterizing agent | Corrosion Inhibitor |
| Methanol | 000067-56-1 | Product stabilizer and / or winterizing agent | Corrosion Inhibitor |
| Formic Acid | 000064-18-6 | Prevents the corrosion of the pipe | Corrosion Inhibitor |
| Acetaldehyde | 000075-07-0 | Prevents the corrosion of the pipe | Corrosion Inhibitor |
| Petroleum Distillate | 064741-85-1 | Carrier fluid for borate or zirconate crosslinker | Crosslinker |
| Hydrotreated Light Petroleum Distillate | 064742-47-8 | Carrier fluid for borate or zirconate crosslinker | Crosslinker |
| Potassium Metaborate | 013709-94-9 | Maintains fluid viscosity as temperature increases | Crosslinker |
| Triethanolamine Zirconate | 101033-44-7 | Maintains fluid viscosity as temperature increases | Crosslinker |
| Sodium Tetraborate | 001303-96-4 | Maintains fluid viscosity as temperature increases | Crosslinker |
| Boric Acid | 001333-73-9 | Maintains fluid viscosity as temperature increases | Crosslinker |
| Zirconium Complex | 113184-20-6 | Maintains fluid viscosity as temperature increases | Crosslinker |
| Borate Salts | N/A | Maintains fluid viscosity as temperature increases | Crosslinker |
| Ethylene Glycol | 000107-21-1 | Product stabilizer and / or winterizing agent. | Crosslinker |
| Methanol | 000067-56-1 | Product stabilizer and / or winterizing agent. | Crosslinker |
| Polyacrylamide | 009003-05-8 | “Slicks” the water to minimize friction | Friction Reducer |
| Petroleum Distillate | 064741-85-1 | Carrier fluid for polyacrylamide friction reducer | Friction Reducer |
| Hydrotreated Light Petroleum Distillate | 064742-47-8 | Carrier fluid for polyacrylamide friction reducer | Friction Reducer |
| Methanol | 000067-56-1 | Product stabilizer and / or winterizing agent. | Friction Reducer |
| Ethylene Glycol | 000107-21-1 | Product stabilizer and / or winterizing agent. | Friction Reducer |
| Guar Gum | 009000-30-0 | Thickens the water in order to suspend the sand | Gelling Agent |
| Petroleum Distillate | 064741-85-1 | Carrier fluid for guar gum in liquid gels | Gelling Agent |
| Hydrotreated Light Petroleum Distillate | 064742-47-8 | Carrier fluid for guar gum in liquid gels | Gelling Agent |
| Methanol | 000067-56-1 | Product stabilizer and / or winterizing agent. | Gelling Agent |
| Polysaccharide Blend | 068130-15-4 | Thickens the water in order to suspend the sand | Gelling Agent |
| Ethylene Glycol | 000107-21-1 | Product stabilizer and / or winterizing agent. | Gelling Agent |
| Citric Acid | 000077-92-9 | Prevents precipitation of metal oxides | Iron Control |
| Acetic Acid | 000064-19-7 | Prevents precipitation of metal oxides | Iron Control |
| Thioglycolic Acid | 000068-11-1 | Prevents precipitation of metal oxides | Iron Control |
| Sodium Erythorbate | 006381-77-7 | Prevents precipitation of metal oxides | Iron Control |
| Lauryl Sulfate | 000151-21-3 | Used to prevent the formation of emulsions in the fracture fluid | Non-Emulsifier |
| Isopropanol | 000067-63-0 | Product stabilizer and / or winterizing agent. | Non-Emulsifier |
| Ethylene Glycol | 000107-21-1 | Product stabilizer and / or winterizing agent. | Non-Emulsifier |
| Sodium Hydroxide | 001310-73-2 | Adjusts the pH of fluid to maintains the effectiveness of other components, such as crosslinkers | pH Adjusting Agent |
| Potassium Hydroxide | 001310-58-3 | Adjusts the pH of fluid to maintains the effectiveness of other components, such as crosslinkers | pH Adjusting Agent |
| Acetic Acid | 000064-19-7 | Adjusts the pH of fluid to maintains the effectiveness of other components, such as crosslinkers | pH Adjusting Agent |
| Sodium Carbonate | 000497-19-8 | Adjusts the pH of fluid to maintains the effectiveness of other components, such as crosslinkers | pH Adjusting Agent |
| Potassium Carbonate | 000584-08-7 | Adjusts the pH of fluid to maintains the effectiveness of other components, such as crosslinkers | pH Adjusting Agent |
| Copolymer of Acrylamide and Sodium Acrylate | 025987-30-8 | Prevents scale deposits in the pipe | Scale Inhibitor |
| Sodium Polycarboxylate | N/A | Prevents scale deposits in the pipe | Scale Inhibitor |
| Phosphonic Acid Salt | N/A | Prevents scale deposits in the pipe | Scale Inhibitor |
| Lauryl Sulfate | 000151-21-3 | Used to increase the viscosity of the fracture fluid | Surfactant |
| Ethanol | 000064-17-5 | Product stabilizer and / or winterizing agent. | Surfactant |
| Naphthalene | 000091-20-3 | Carrier fluid for the active surfactant ingredients | Surfactant |
| Methanol | 000067-56-1 | Product stabilizer and / or winterizing agent. | Surfactant |
| Isopropyl Alcohol | 000067-63-0 | Product stabilizer and / or winterizing agent. | Surfactant |
| 2-Butoxyethanol | 000111-76-2 | Product stabilizer | Surfactant |
One of the problems associated with identifying chemicals is that some chemicals have multiple names. For example Ethylene Glycol (Antifreeze) is also known by the names Ethylene alcohol; Glycol; Glycol alcohol; Lutrol 9; Macrogol 400 BPC; Monoethylene glycol; Ramp; Tescol; 1,2-Dihydroxyethane; 2-Hydroxyethanol; HOCH2CH2OH; Dihydroxyethane; Ethanediol; Ethylene gycol; Glygen; Athylenglykol; Ethane-1,2-diol; Fridex; M.e.g.; 1,2-Ethandiol; Ucar 17; Dowtherm SR 1; Norkool; Zerex; Aliphatic diol; Ilexan E; Ethane-1,2-diol 1,2-Ethanedio.
This multiplicity of names can make a search for chemicals somewhat difficult and frustrating. However, if you search for a chemical by the CAS number it will return the correct chemical even if the name on the fracturing record does not match. For example if the fracturing record listed the chemical Hydrogen chloride and you searched for it by name using a chemical search site you may not get a result. But if you search for CAS # 007647-01-0 it might return Hydrochloric acid which is another name of Hydrogen chloride. Therefore, by using the CAS number you can avoid the issue of multiple names for the same chemical.
Multiple names for the same chemical can also leave you with the impression that there are more chemicals than actually exist. If you search the National Institute of Standards and Technology (NIST) ‡ website the alternate names of chemicals are listed. This may help you identify the precise chemical you are looking for. The NIST site also contains the CAS numbers for chemicals. NIST is only one of many websites you can use to locate additional information about chemicals. You can also search the following websites using the chemical name or CAS number:
OSHA/EPA Occupational Chemical Database ‡
The Chemical Database ‡
EPA Chemical Fact Sheets ‡
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