(December 30, 2011)
Comparison of State Hydraulic Fracturing Chemical Disclosure Regulations
This information was compiled to provide a brief overview of which regulatory agencies from oil and gas producing states in America have implemented regulations regarding the disclosure of chemicals used in the process of hydraulic fracturing. This information is at-a-glance and is subject to change beyond this publication date. To obtain the most recent information on the disclosure rules, contact the state’s regulatory agencies directly.
Summary Chart >>
Click on the link above for a state by state comparison of their hydraulic fracturing chemical disclosure regulations.
The Arkansas regulation requires service companies to disclose to all fracturing fluids, additives and chemical constituents used in the State to the Arkansas Oil and Gas Commission except for chemicals that are deemed to be trade secrets. The rule also requires that the service company provide the operator with information on fracturing fluids, additives and chemical constituents, except for chemicals that are deemed to be trade secrets, for each fracturing operation performed. The operator is required to report all information provided by the service company and any additional fracturing fluids, additives and chemical constituents added by the operator to the Commission. The regulation has no effect on other rules or laws mandating disclosure of trade secret information to health care providers. The requirements are effective for all wells with drilling permits issued on or after January 15, 2011.
The Colorado regulation requires service companies and vendors to disclose all known chemicals in hydraulic fracturing fluids to operators and requires operators to disclose such chemicals to the public via the Frac Focus website or directly to the Colorado Oil & Gas Conservation Commission or health professionals in cases where chemicals are deemed to be trade secrets and disclosure is deemed necessary. The requirements are effective for all hydraulic fracturing treatments performed after April 1, 2012.
The Louisiana regulation requires operators to disclose all additives used in hydraulic fracturing fluids and the names and concentrations of chemicals which are subject to Occupational Safety and Health Administration (OSHA) Hazard Communication requirements (29 CFR 1910.1200) and are not deemed trade secret. Disclosure can be made by reporting directly to the Office of Conservation or via the Frac Focus website. The Louisiana regulation has no effect on rules or laws mandating disclosure of trade secret information to health care providers. The requirements are effective for wells with drilling permits issued on or after October 20, 2011.
The Montana regulation requires operators to disclose all additives used in hydraulic fracturing fluids and the names and concentrations of chemicals that are not deemed trade secret to the Montana Oil and Gas Board or to the Frac Focus website. Trade secret information disclosure is required when necessary for spill response or medical diagnosis or treatment. The requirements are effective for all hydraulic fracturing treatments performed after August 27, 2011.
The most recent revision of the New Mexico regulation would require operators to disclose all additives used in hydraulic fracturing fluids and the names and concentrations of chemicals which are subject to Occupational Safety and Health Administration (OSHA) Hazard Communication requirements (29 CFR 1910.1200). Disclosure can be made by reporting directly to the Oil Conservation Division or via the Frac Focus website. The rule is effective February 15, 2012.
The most recent revision of North Dakota regulation requires operators or service companies to disclose all additives used in hydraulic fracturing fluids and the names and concentrations of chemicals to the Frac Focus website. The rulemaking process is still ongoing for this regulation.
The Pennsylvania regulation requires operators to disclose all additives used in hydraulic fracturing fluids and the names and concentrations of chemicals which are subject to Occupational Safety and Health Administration (OSHA) Hazard Communication requirements (29 CFR 1910.1200) to the Pennsylvania Office of Oil and Gas Management. A listing of all chemical constituents must provided by the operator if requested in writing by the Department. Any trade secret information provided is protected under Right to Know Law. The requirements are effective for all hydraulic fracturing treatments performed after February 5, 2011.
The Texas regulation requires that service companies disclose all additives used in hydraulic fracturing fluids and the names of chemicals which are not deemed trade secret to operators and requires operators to disclose all additives used in hydraulic fracturing fluids and the names of chemicals which are not deemed trade secret to the Frac Focus website. The concentrations of chemical constituents are only required for chemicals which are subject to Occupational Safety and Health Administration (OSHA) Hazard Communication requirements (29 CFR 1910.1200). The Texas regulation has no effect on rules or laws mandating disclosure of trade secret information to health care providers. The requirements are effective for wells with drilling permits issued on or after February 1, 2012.
The Wyoming regulation requires operators or service companies to disclose all additives used in hydraulic fracturing fluids and the names and concentrations of chemicals. Any trade secret information provided is kept confidential according to the Wyoming Public Records Act. The requirements were effective August 17, 2010.