Backup Documents 10/13/2015 Item #11C lic
otlieT County
j.
Office of the County Manager
I MEMO
Date: 10/09/2015
To: Leo E.Ochs, Jr., County Manager;
i Nick Casalanguida, Deputy County Manager
From: Tim Durham, Executive Manager Corp.Business Operations
Subject Commissioner Queries Regarding Oil& Gas Processes and Regulation
Below are my responses to Commissioner -aylor's questions regarding oil and gas processes and
regulations.The answers are based on independent research feedback from our outside consultant, and
our contact from the FDEP.
1.. At what point does the cleaning of the casing and screens of a well stop and acid
stimulation/tracking begin?
There are essentially three distinct categories of activities in which acid can be introduced into a well
1) Acid washing is the least intrusive activity As the name suggests, its purpose is for cleaning the
production tubing and well bore. This procedure is most often used to remove mineral scaling.
2) Matrix acidizing is more intrusive than acid washing, but less intense than acid fracturing. in this
process acid is introduced at a pressure at or slightly above reservoir pressure, but below the
pressure required to fracture or penetrate rock formations The purpose is to remove or dissolve
material that is plugging the perforations in the production tubing. tt improves permeability.Small
or minor fissures may occur in the immediate vicinity of the wellbore, but matrix acidizing is a
near-wellbore activity '..10-,-.7', r.;t •Jesij red to induce fractures on a large scale. Matrix acidizing is n-
routinely used to improve flow in potable water wells,and itis an activity that is already
regulated by the FDEP.
3) Of the three categories, acid fracturing is the most intrusive procedure. Typically hydrochloric acid
(15%) with a thickening agent is injected into the well at a pressure sufficient to create factures.
Once the acid is spent or no longer reactive, it along with any undissolved residual material is
flushed from the well to facilitate production.
ction.
Sat..rce:AECOM Finoaf Summary Reporr to Collier Co. ;November 20.14).
2. Is acid stimulation arrays high pressure?
No, acid can be introduced into a well at a variety of pressures depending upon the desired outcome
Low-pressure acid stimulation a matrix acidizing, which is described above (There ally is no such
thing as low-pressure acid frocking; low-pressure acid frocking is a contradiction in terms and a
mscharacterization)High pressure acid stimulation is acid frocking.
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Is matrix acidizing ever used to "improve flow" in oil wells?
2
11C '
Chapter 14. Matrix Acidizing: Acid/Rock Interactions
14.1. Introduction
Matrix acidizing is a well stimulation technique in which an acid solution is injected into the
formation in order to dissolve some of the minerals present, and hence recover or increase the
permeability in the near-wellbore vicinity. The most common acids used are hydrochloric acid
(HCl), used primarily to dissolve carbonate minerals, and mixtures of hydrofluoric and
hydrochloric acids (HF/HC1), for attacking silicate minerals such as clays and feldspars.
****
An acidizing treatment is called a "matrix" treatment because the acid is injected at pressures
below the parting pressure of the formation, so fractures are not created. The objective is to
greatly enhance or recover the permeability very near the wellbore, rather than affect a large
portion of the reservoir.
*****
Matrix acidizing should not be confused with acid fracturing.
[F]or the petroleum production engineer, acid fracturing has more in common with proppant
fracturing than with matrix acidizing.
Petroleum Production Systems, Second Edition
PETROLEUM by A.Daniel Hill,Christine Ehlig-Economides,Ding Zhu,Michael J.
PRODUCTION Economides
SYSTEMS Publisher:Prentice Hall
Release Date: September 2012
ISBN:9780137033812
Topic: Engineering
Description
Authored by four leading experts,this edition thoroughly introduces
today's modern principles of petroleum production systems development
and operation,considering the combined behavior of reservoirs,surface
equipment,pipeline systems,and storage facilities. The authors address
key issues including artificial lift,well diagnosis,matrix stimulation,
hydraulic fracturing and sand control....
1 1
AECOM Oil & Gas Report November 2014
Page 2-11
2.5 Acid Stimulation Techniques
In matrix acidizing the acid is pumped in at, or slightly above the
reservoir pressure not exceeding the formation's fracture
pressure....
...This type of acid treatment can more than double the production
rates of the well. (Kalfayan, 2008)
lie
Who is Kalfayan?
1. ODLJVJIO i
ENHANCEMENT with J
-1, q : f 2rtl
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1 1E1
Back Cover
t-rrlry1l illir'tf t taf e`11-11
A Concise Guide on
Acid Treatment and Design
`• ,. '* In this new edition,author Leonard Kalfayan has updated
+ his?OM book on acid stimulation,one of the primary methods
%"Mak , "'""� for improving productivity of oil,gas,injection,and disposal
wells.Because a properly designed and executed acid lob
1W. -�:., can improve cash flow,oil company and service company
ers
t,'C* • • p staff capractical
use this text to help improve designs stressing
ng a
• ,,,,,....:..7. �.` � practical guidelines for acid treatment design by stressing a
1y . systematic approach to candidate selection and treatment
^"" - •..f' .� +� design,as well as execution and evaluation to Improve profits
and productivity.
t rs.
•Easy to read and up to•date reference on acid stimulation
•Practical and useful acidiring information in one source
Leonard Kalfayan •Concepts for Imp,'oval productivity and cash flows
•New material on modern acid systems and treatment
methods with worldwide appkcations
•New concepts for simplifying and proliferating sandstone
acid application
•The latest in carbonate matrix and fracture acidiring
•More on non conventional acidlriny concepts,acid
systems and geothermal well stimulation
Front Cover
Leonard Kalfayan has 27 years of petroleum
industry experience in production
enhancement technology and business
development with BJ Services and
ili
UNOCAL and as an independent consultant
in oil,gas,and geothermal well stimulation.
water conformance,and mature field
remedial services.Kaffayan is a past Society
of Petroleum Engineers Distinguished Lecturer.He holds over
15 U.5.patents in steam stimulation,well stimulation,and
formation damage control technologies and applications.
Sar 9911 '.99310 139 e
9 till
lifE
A Concise Guide on
Acid ireattwit and Design
In this new edition, author Leonard Kalfayan has updatd
his 2(301 book on acid stimulation, one of the primary methods
for improving productivity of oil, gas, injection, and disposal
wells, Because a properly designed and executed acid job
can improve cash flow, oil company and service company
staff can use this text to help improve profits. Kalfayan offers
practical guidelines for acid treatment design by stressing a
systematic approach to candidate selection and treatment
design, as well as execution and evaluation to improve profits
and productivity.
11C
It appears, according to the referenced material that our
consultant provided in his report to the Board of County
Commissioners in 2014, that matrix acidizing is used for
increased oil productivity.
Therefore, my suggestion is to modify the wording in the
proposed legislation as follows:
(6) "High prcssurc well stimulation" means all stages of a
well intervention performed by injecting fluids into a rock
formation at high pressure that exceeds the fracture gradient
of the rock formation in order to propagate fractures +fi
such formation to increase production at an oil or gas well
by improving the flow of hydrocarbons from the formation '
into the wellbore. The term does not include well
cleaning or any conventional workover
procedures that may incidentally fracture affect the
formation within three feet of the formation near the
wellbore.
("Well stimulation" means all stages of a well intervention
performed by injecting fluids into a rock formation in order
to increase production at an oil or gas well by improving the
flow of hydrocarbons from the formation into the wellbore.
The term does not include well cleaning or any conventional
workover procedures that affect the formation within three
feet of the wellbore.)
DurhamTim
1IC
From: Accardo, Brian [Brian.Accardo@dep.state.fl.us]
Sent: Tuesday, October 13, 2015 1:45 PM
To: CasalanguidaNick
Cc: Danette Kinaszczuk; DurhamTim; LorenzWilliam; OchsLeo
Subject: Questions SB 318
Follow Up Flag: Follow up
Flag Status: Flagged
Nick, you asked whether the study proposed in SB 318 would include evaluations of consumptive use of freshwater and
waste disposal. The department reads the proposed legislation as requiring both, but perhaps clarification in the bill is
warranted. Regarding rule development,the study's findings pertaining to waste disposal would inform department
rulemaking under Chapter 377, F.S. (Regulation of Oil and Gas Resources).
Best regards,
Brian J.Accardo
Regulatory Policy and Energy Infrastructure
Florida Department of Environmental Protection
Brian.Accardo@dep.state.fl.us
Internet
kkirevement Survey
ACA Customer
Service
t .. Survey
11C
&. Congressional
Research
Service
Hydraulic Fracturing:
Chemical Disclosure Requirements
Brandon J. Murrill
Legislative Attorney
Adam Vann
Legislative Attorney
June 19, 2012
Congressional Research Service
7-5700
www.crs.gov
R42461
CRS Report for Congress
Prepared for Members and Committees of Congress
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Hydraulic Fracturing:Chemical Disclosure Requirements
Summary
Hydraulic fracturing is a technique used to free oil and natural gas trapped underground in low-
permeability rock formations by injecting a fluid under high pressure in order to crack the
formations.The composition of a fracturing fluid varies with the nature of the formation,but
typically contains mostly water;a proppant to keep the fractures open,such as sand; and a small
percentage of chemical additives. Some of these additives may be hazardous to health and the
environment.The Shale Gas Production Subcommittee of the Secretary of Energy Advisory
Board(SEAB)has recommended public disclosure, on a well-by-well basis, of all of the chemical
ingredients added to fracturing fluids,with some protection for trade secrets.
Currently,no such law or regulation exists at the federal level. In his 2012 State of the Union
Address,President Barack Obama said he would obligate"all companies that drill for gas on
public lands to disclose the chemicals they use,"citing health and safety concerns. In May 2012,
the Bureau of Land Management(BLM)published a proposed rule that would require companies
employing hydraulic fracturing on lands managed by BLM to disclose the content of the
fracturing fluid. In addition,there have been legislative efforts in the 112th Congress.H.R. 1084
and S. 587,the Fracturing Responsibility and Awareness of Chemicals Act(FRAC Act),would
create more broadly applicable disclosure requirements for parties engaged in hydraulic
fracturing.
Chemical disclosure laws at the state level vary widely. Of the 15 laws examined in this report,
fewer than half require direct public disclosure of chemical information by mandating that parties
post the information on the FracFocus chemical disclosure website.The level of detail required to
be disclosed often depends on how states protect trade secrets,as these protections may allow
submitting parties to withhold information from disclosure at their discretion or to submit fewer
details about proprietary chemicals, except,perhaps,in emergencies.Even if a disclosure law
does not protect information from public disclosure,other state laws, such as an exemption in an
open records law,may do so. States also have varying laws regarding the timing of these
disclosure requirements.
This report provides an overview of current and proposed laws and regulations at the state and
federal levels that require the disclosure of the chemicals added to the fluid used in hydraulic
fracturing.Appendix A provides a glossary of many of the terms used in this report. Appendix B
contains a table summarizing the fracturing chemical disclosure requirements described in this
report.For an overview of the relationship between hydraulic fracturing and the Safe Drinking
Water Act(SDWA), see CRS Report R41760,Hydraulic Fracturing and Safe Drinking Water Act
Issues, by Mary Tiemann and Adam Vann.
Congressional Research Service
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Hydraulic Fracturing:Chemical Disclosure Requirements
Contents
Introduction 1
Federal Proposals 2
Bureau of Land Manaement Proposed Rule 2
Legislation in the 112 Congress:The FRAC Act 3
State Disclosure Laws 4
Who Must Make Disclosures and To Whom 4
What Must Be Disclosed 6
Trade Secret Protections 8
When Disclosures Must Be Made 10
Conclusion 12
Tables
Table B-1.Hydraulic Fracturing Chemical Disclosure Requirements 14
Appendixes
Appendix A. Glossary of Terms 13
Appendix B. Summary of Chemical Disclosure Laws 14
Contacts
Author Contact Information 20
Congressional Research Service
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Hydraulic Fracturing:Chemical Disclosure Requirements
Introduction
Hydraulic fracturing is a technique used to free oil and natural gas trapped underground in low-
permeability rock formations by pumping a fracturing fluid under high pressure in order to crack
the formations.' The composition of a fracturing fluid varies with the nature of the formation,but
typically contains mostly water;a proppant to keep the fractures open, such as sand;and a small
percentage of chemical additives.2 A primary function of these additives is to assist the movement
of the proppant into the fractures made in the formation by reducing friction between the
fracturing fluid and the pipe used to pump the fluid into the formation.'Although some of these
chemical additives may be harmless,others may be hazardous to health and the environment.4 A
report by the minority staff of the House Committee on Energy and Commerce found that
between 2005 and 2009,the 14 leading oil and gas service companies used"780 million gallons
of hydraulic fracturing products"in fracturing fluids,with"95 of the products containing 13
different carcinogens."5
The Shale Gas Production Subcommittee of the Secretary of Energy Advisory Board(SEAB)has
made several recommendations intended to address the effects of shale gas production on health
and the environment.6 One recommendation calls for the public disclosure, on a"well-by-well
basis,"of all of the chemical ingredients—"not just those that appear on Material Safety Data
Sheets"—added to fracturing fluids,with some protection for trade secrets.'Proponents of
chemical disclosure laws maintain that public disclosure would allow for health professionals to
better respond to medical emergencies involving human exposure to the chemicals; assist
researchers in conducting health studies on shale gas production; and permit regulators and others
to perform baseline water testing to track potential groundwater contamination if it occurs.8
However,some manufacturers of the additives, as well as others in the industry,remain reluctant
to disclose what they consider to be proprietary chemical formulas,expressing concerns that they
would lose their valuable trade secrets if competitors had access to them.9
This report provides an overview of current and proposed laws and regulations at the state and
federal levels that require the disclosure of the chemicals added to the fluid used in hydraulic
t Department of Energy,Modern Shale Gas Development in the United States:A Primer,ES-4(2009)[hereinafter
Department of Energy Primer],available at http://www.netl.doe.gov/technologies/oil-gas/publications/epreports/
shale_gas_primer_2009.pdf.
2 See id.at 56,61-64.
3 Id.;Reservoir Stimulation§§7-6.2,7-6.4(Michael J.Economides et al.eds,3d ed.2000).
4 Department of Energy Primer,supra note 1,at 62.
5 Minority Staff of H.Comm.on Energy and Commerce, 112th Cong.,Chemicals Used in Hydraulic Fracturing 5,9
(2011)[hereinafter Minority Report on Fracturing Chemicals],available at
http://democrats.energycommerce.house.gov/sites/default/files/documents/
Hydraulic%20Fracturing%20Report%204.18.11.pdf.
6 Department of Energy,Shale Gas Production Subcommittee Second Ninety Day Report 1(2011),available at
http://www.shalegas.energy.gov/resources/111811_final_report.pdf.
Id.at 5-6, 17.Employers are required to use MSDSs to warn employees of certain hazardous chemicals in the
workplace under the Occupational Safety and Health Act.See 29 C.F.R.§1910.1200.
8 See Lisa Song,Secrecy Loophole Could Still Weaken BLM's Tougher Fracturing Regs,InsideClimate News,
February 15,2012,available at http://insideclimatenews.org/news/20120215/blm-fracturing-chemicals-disclosure-
hydraulic-fracturing-proprietary-natural-gas-drilling.
9 See Minority Report on Fracturing Chemicals,supra note 5,at 11-12.
Congressional Research Service 1
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Hydraulic Fracturing:Chemical Disclosure Requirements
fracturing.Currently,no such law or regulation exists at the federal level. In his 2012 State of the
Union Address,President Barack Obama said he would obligate"all companies that drill for gas
on public lands to disclose the chemicals they use,"citing health and safety concerns.10 In May
2012,the Bureau of Land Management(BLM)published a proposed rule that would require
disclosure of the content of fracturing fluids used on lands managed by the agency. In addition,
there have been legislative efforts in the 112th Congress.H.R. 1084 and S. 587,the Fracturing
Responsibility and Awareness of Chemicals Act(FRAC Act),would create more broadly
applicable disclosure requirements for parties engaged in hydraulic fracturing.
At the state level,the Interstate Oil and Gas Compact Commission,an organization with members
that include state regulators and industry representatives,has argued that current regulation of
hydraulic fracturing by the states is sufficient.1'At least 15 states already have some form of
chemical disclosure requirements.These provisions vary widely,but generally indicate(1)which
parties must disclose information about chemical additives and whether these disclosures must be
made to the public or a state agency;(2)what information about chemicals added to a fracturing
fluid must be disclosed, including how specifically parties must describe the chemical makeup of
the fracturing fluid and the additives that are combined with it; (3)what protections, if any,will
be given to trade secrets; and(4)at what time disclosure must be made in relation to when
fracturing takes place. Others states are in the process of considering disclosure laws or
regulations.
For a glossary of some of the terms used in this report,see Appendix A.For a table summarizing
the chemical disclosure laws and proposals described in this report,see Appendix B.
Federal Proposals
Bureau of Land Management Proposed Rule
In May 2012,BLM published proposed regulations governing the use of hydraulic fracturing
technology by holders of oil and gas leases on federal lands managed by BLM.12 The proposed
rule established a number of disclosure and filing requirements for"well stimulation activities"
on BLM-managed land. Prior to the initiation of the well stimulation activity,the lessee must
obtain BLM approval for the well stimulation and must provide BLM with, among other things:a
detailed description of the well stimulation engineering design,an estimate of the total amount of
fluid to be used,an estimate of the total volume of fluid to be used and the maximum injection
pressure anticipated, and information about the anticipated volume and handling of the
flowback.13
10 President Barack Obama,2012 State of the Union Address(January 24,2012),available at
http://www.whitehouse.gov/photos-and-video/video/2012/01/25/2012-state-union-address-enhanced-
version#transcript.
11 See,e.g.,Interstate Oil and Gas Compact Commission,Hydraulic Fracturing,available at
http://www.iogcc.state.ok.us/hydraulic-fracturing.
12 Oil and Gas;Well Stimulation,Including Hydraulic Fracturing,on Federal and Indian Lands,77 Fed.Reg.27,691
(May 11,2012).
13 Id.at 27,696.
Congressional Research Service 2
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Hydraulic Fracturing:Chemical Disclosure Requirements
There do not appear to be disclosure requirements related to the chemical makeup of the
fracturing fluid that the lessee plans to use prior to the well stimulation activity.However,after
the completion of the activity,the proposed rule would require the lessee to"identify to the BLM
the stimulation fluid by additive trade name and additive purpose,the Chemical Abstracts Service
Registry Number,and the percent mass of each ingredient used in the stimulation operation."14
BLM noted in the proposed rule that"[t]his information is needed in order for the BLM to
maintain a record of the stimulation operation as performed.The information is being required in
a format that does not link additives ...to chemical composition of the materials to minimize the
risk of disclosure of any formulas of additives."15 According to BLM,"[t]his approach is similar
to the one the State of Colorado adopted in 2011."16 The proposed rule also sets forth a number of
other reporting requirements regarding the well stimulation operation upon completion of the
operation."
Legislation in the 112th Congress: The FRAC Act
On March 15,2011,the Fracturing Responsibility and Awareness of Chemicals Act of 2011
(FRAC Act),H.R. 1084 and S. 587,was introduced in both the Senate and the House of
Representatives.The bills have some minor language differences,but are substantially similar.
(They also are similar to bills introduced in the past Congress.)Each contains two amendments to
the Safe Drinking Water Act(SDWA)—one that would amend the definition of underground
injection to include hydraulic fracturing, and another that would create a new disclosure
requirement for the chemicals used in hydraulic fracturing.
The second amendment to the SDWA in the FRAC Act would create a new hydraulic fracturing
disclosure requirement. H.R. 1084 would create a new statutory obligation requiring anyone
conducting hydraulic fracturing to
disclose to the State(or the Administrator[of the Environmental Protection Agency]if the
Administrator has primary enforcement responsibility in the State)—(I) prior to the
commencement of any hydraulic fracturing operations at any lease area or portion thereof,a
list of chemicals intended for use in any underground injection during such operations,
including identification of the chemical constituents of mixtures,Chemical Abstracts Service
numbers for each chemical and constituent,material safety data sheets when available,and
the anticipated volume of each chemical;and(II)not later than 30 days after the end of any
hydraulic fracturing operations the list of chemicals used in each underground injection
during such operations, including identification of the chemical constituents of mixtures,
Chemical Abstracts Service numbers for each chemical and constituent,material safety data
sheets when available,and the volume of each chemical used.18
The bill would also require that the state or the Environmental Protection Agency(EPA)"make
the disclosure of chemical constituents ... available to the public,including by posting the
information on an appropriate Internet Web site,"and the bill clarifies that the disclosure
requirements"do not authorize the State(or the [EPA])to require the public disclosure of
14 Id.at 27,698.
is Id.
16 Id.
171d
18 H.R. 1084,§2(b).
Congressional Research Service 3
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Hydraulic Fracturing:Chemical Disclosure Requirements
proprietary chemical formulas."19 In other words,the disclosure requirements address only the
chemicals used,not the manner of their use or the amounts or ratios in which they are used.This
language attempts to protect proprietary business information,that is,"secret"formulas or
practices that drilling companies may feel they should not be required to disclose to their
competitors.
Furthermore,the FRAC Act would require operators to disclose proprietary chemical information
to medical professionals in cases of medical emergencies 20 Although most state oil and gas rules
do not require disclosure of proprietary chemical information to medical professionals,such
disclosure broadly parallels federal requirements under the Occupational Safety and Health Act
(OSHAct).21 Calls for disclosure of hydraulic fracturing chemicals have increased as homeowners
and others express concern about the potential presence of unknown chemicals in tainted well
water near oil and gas operations.
State Disclosure Laws
Of the states that produce oil,natural gas,or both, at least 15 require some disclosure of
information about the chemicals added to the hydraulic fracturing fluid used to stimulate a
particular well. State requirements,which take the form of laws,regulations,and administrative
interpretations,vary widely. Generally,they fall into four overlapping categories: (1)which
parties must disclose information about chemical additives and whether these disclosures must be
made to the public or a state agency;(2)what information about chemicals added to a fracturing
fluid must be disclosed, including how specifically parties must describe the chemical makeup of
the fracturing fluid and the additives that are combined with it; (3)what protections, if any,will
be given to trade secrets; and(4)at what time disclosure must be made in relation to when
fracturing takes place. States update their laws on fracturing chemical disclosure frequently,and
thus this section is designed to show trends in how states structure these provisions rather than to
describe the current status of the law in any particular state.Appendix A provides a glossary of
many of the terms used in this section.Appendix B contains a table summarizing the chemical
disclosure requirements discussed in this report.
Who Must Make Disclosures and To Whom
State disclosure laws require at least one party involved in the hydraulic fracturing of a specific
well to divulge information about the chemicals added to the fluid used to fracture that well.
Under these laws,parties that must make disclosures include well owners,well operators,drilling
'9 Id.
20 Id.
21 The Occupational Safety and Health Administration has promulgated a set of regulations under Occupational Safety
and Health Act(OSHAct),referred to as the Hazard Communication Standard(29 C.F.R.§1910.1200).Additionally,
OSHAct regulations require operators to maintain Material Safety Data Sheets(MSDS)for hazardous chemicals at the
job site.The federal Emergency Planning and Community Right to Know Act(EPCRA)requires that facility owners
submit an MSDS for each hazardous chemical present that exceeds an EPA-determined threshold level,or a list of such
chemicals,to the local emergency planning committee(LEPC),the state emergency response commission,and the
local fire department.For non-proprietary information,EPCRA generally requires a LEPC to provide an MSDS to a
member of the public on request.
Congressional Research Service 4
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Hydraulic Fracturing:Chemical Disclosure Requirements
permit holders, or"persons"that perform a fracturing treatment, such as service companies 22
Parties typically must divulge chemical information to the public, a state agency, or both. States
that require public disclosure often mandate that parties post the information on an Internet
website such as the FracFocus Chemical Disclosure Registry run by the Groundwater Protection
Council and the Interstate Oil and Gas Compact Commission.23 Some state laws do not require
direct public disclosure of fracturing chemicals. However,some state agencies may choose to
post the information they receive on their own websites.Additionally, state open records laws
may allow a person to obtain chemical information submitted to a state agency upon request,
provided that the information is not shielded from disclosure by an exception, such as an
exemption for trade secrets.24
Disclosure laws in at least four states require that chemical information be submitted directly to
the public via posting of the information on the FracFocus Chemical Disclosure Registry or a
comparable website.25 By contrast,at least a couple of states give disclosing parties a choice as to
whether they will submit the information to a state agency or post it on a website accessible to the
public.26 Several states where commercial natural gas exploration and production occur do not
specifically provide for public disclosure,choosing instead to have parties submit details on
chemical additives solely to state agencies, some of which may opt to post these disclosures to
their websites.27
The particular parties involved in the fracturing of a well that must disclose chemical information
to regulators or the public vary by state. In about half of the states with these laws,the operator of
the well must disclose information about the chemicals used.28 State laws that require disclosure
22 Some states specifically provide for an intermediate stage of disclosure before the information is submitted to
regulators or the public.See,e.g., 178-00 Ark.Code R.§001:B-19(k),(1)(4)(person fracturing the well to permit
holder);Colo.Code Regs.§404-1:205A(b)(1),(2)(certain service providers and vendors to operator);58 Pa.Cons.
Stat.§3222.1(b)(1),(2)(certain service providers and vendors to operator); 16 Tex.Admin.Code§3.29(c)(1)(A),
(2)(A)(supplier or service company to operator).
23 The website is located at http://fracfocus.org/.
24 See,e.g.,Idaho Admin.Code r.20.07.02.006(providing for public disclosure of information submitted to the state
unless it is exempt);Wyo.Code Rules and Regs.Oil Gen.§45(f)(stating that fracturing chemical information will be
protected to the extent of the Wyoming Public Records Act's exemption for"trade secrets,privileged information and
confidential commercial,financial,geological or geophysical data furnished by or obtained from any person.").
25 Colo.Code Regs.§404-1:205A(b)(2);N.D.Admin.Code 43-02-03-27.1(1)(g),(2)(h);58 Pa.Cons.Stat.
§3222.1(b)(2)(for"unconventional"wells);Texas Admin.Code§3.29(c)(2)(A).
26 Louisiana's regulation states that the operator must make disclosures to the state agency or"furnish a statement
signifying that the required information has been submitted"to the FracFocus site or a comparable registry,so long as
"all information is accessible to the public free of charge."La.Admin.Code tit.43,§118(C)(1),(C)(4).For disclosures
made after fracturing,the Montana Board of Oil and Gas may waive disclosure to the state if the owner or operator of
the well"demonstrates that it has posted the required information"to FracFocus or another website that can be
accessed by the public and meets with the state agency's approval.Mont.Admin.R.36.22.1015(4).
27 See,e.g., 178-00 Ark.Code R.§001:B-19(k),(1)(3);Idaho Admin.Code r.20.07.02.056;N.M.Admin.Code
§19.15.16.19(B);W.Va.Code§22-6A-7(a)-(b),(e)(5);Wyo.Code Rules and Regs.Oil Gen.§45(d),(h);Michigan
Department of Environmental Quality,Supervisor of Wells Instruction 1-2011,High Volume Hydraulic Fracturing
Well Completions 3(2011)[hereinafter Michigan Fracturing Instruction],available at http://www.michigan.gov/
documents/deq/SI_1-2011_353936_7.pdf For an example of a state's posting of chemical information to its website,
see State of Arkansas Oil and Gas Commission,Well Fracture Information,http://www.aogc.state.ar.us/
Well_Fracture_Companies.htm.
28 See,e.g.,Colo.Code Regs.§404-1:205A(b)(2);La.Admin.Code tit.43,§118(C)(1),(C)(4);N.M.Admin.Code
§19.15.16.19(B);58 Pa.Cons.Stat.§3222.1(b)(2); 16 Tex.Admin.Code§3.29(c)(2)(A);Michigan Fracturing
Instruction,supra note 27,at 3.
Congressional Research Service 5
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Hydraulic Fracturing:Chemical Disclosure Requirements
by either the owner or operator of the well include Idaho29 and Montana(after fracturing).30 The
operator,well owner,or service company must divulge chemical information in North Dakota31
and Wyoming.32 In Arkansas,any"person"fracturing a well in the state must disclose chemical
information before fracturing, and the permit holder must divulge more detailed information
afterward.33
What Must Be Disclosed
State disclosure laws require parties to provide various levels of detail about the chemical makeup
of the fluid used in hydraulic fracturing. Because some states contain protections for trade secrets
that may allow parties to withhold chemical information from regulators or the public, it may be
difficult to compare the actual level of disclosure required.34 Moreover, in a few states, decisions
about what details are trade secrets exempt from disclosure are made by the state attorney general
or a state agency.These decision makers may shield information from public disclosure at their
discretion,typically subject to judicial review.35 This section provides a few examples of state
laws that require different levels of disclosure,but does not take into account the trade secret
protections in those states.For a table showing the level of disclosure required on a state-by-state
basis, see Appendix B.
The level of disclosure required by a particular law depends on how specifically parties must
describe the chemical composition of the fracturing fluid and the additives that are combined with
it. Some states require a relatively high level of disclosure, at least before trade secret protections
are taken into account. For example, Colorado requires parties to identify each chemical
ingredient in the overall fracturing fluid by its Chemical Abstracts Service(CAS)number36 and to
provide the maximum concentration of each ingredient within the fluid.37 Other states require
fewer details about the composition of a fracturing fluid.For example,West Virginia requires
only that a list of additives be provided.38 Between these two ends of the spectrum are rules such
as Louisiana's,which obligates parties to provide the CAS numbers and maximum concentrations
29 Idaho Admin.Code r.20.07.02.056.
38 See Mont.Admin.R.36.22.1015(1),(4).The state also requires certain disclosures to be made by the operator before
fracturing either in the drilling permit application or,in some circumstances,in a Sundry Notice.Mont.Admin.R.
36.22.608(1)-(2).
31 N.D.Admin.Code 43-02-03-27.1(1)(g),(2)(h).
32 Wyo.Code Rules and Regs.Oil Gen. §45(d),(h).
33 178-00 Ark.Code R.§001:B-19(k),(1)(3).In West Virginia,the permit applicant must make the disclosures before
fracturing,and the operator must make them after fracturing.W.Va.Code§22-6A-7(a)-(b),(e)(5).
34 For a discussion of these protections,see"Trade Secret Protections,"infra.These protections may be contained in a
state's disclosure law or,for disclosures made to state agencies,an exemption for trade secrets contained in a state's
open records law.
35 See,e.g., 178-00 Ark.Code R.§001:B-19(k)(8),(1)(3)(C)(director of state agency);Texas Admin.Code§3.29(f)
(state attorney general);Wyo.Code Rules and Regs.Oil Gen.§45(f)(state agency).
36 For more about these numbers,see CAS Registry Numbers,http://www.cas.org/expertise/cascontent/registry/
regsys.html.
37 Colo.Code Regs.§404-1:205A(b)(2)(A)(ix)-(xii).It does not require parties to link the ingredients to the additive of
which they are a part.
38 See,e.g.,W.Va.Code§22-6A-7(e)(5).Other information that may provide a relatively low level of disclosure
includes information such as additive type(for example,acid,biocide,or breaker);trade name or vendor of an additive;
or volume of an additive.See,e.g.,La.Admin.Code tit.43,§118(C)(1)(a)-(c)(requiring some of these characteristics
but also requiring a higher level of disclosure for hazardous ingredients).
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of hazardous ingredients present in the fluid,but not nonhazardous ingredients.39 At least four
states require disclosures to be made before and after fracturing. In these states,the level of
disclosure differs depending on whether the information is submitted before or after treatment of
the well.4o
Some states require that parties submit Material Safety Data Sheets(MSDSs)for additives or
chemical ingredients in a fracturing fluid 41 Employers are required to use MSDSs to warn
employees of hazardous chemicals in the workplace under the OSHAct.42 Because MSDSs
provide data only on chemicals considered to be hazardous under OSHA regulations,they may
offer a relatively low level of disclosure.43 The most specific details that parties must include on
MSDSs are the common or chemical names of certain hazardous ingredients,assuming that the
names do not qualify for trade secret protection.44 Thus,under the regulations,CAS numbers or
the concentrations of ingredients within an additive do not have to be listed.45 This does not
mean,however,that some parties would not voluntarily submit data sheets with more
information.
A few states specifically exempt certain information from disclosure. In Colorado,a party is not
required to
(1)disclose chemicals that are not disclosed to it by the manufacturer,vendor, or service
provider;(2)disclose chemicals that were not intentionally added to the hydraulic fracturing
fluid; or (3) disclose chemicals that occur incidentally or are otherwise unintentionally
present in trace amounts, may be the incidental result of a chemical reaction or chemical
process, or may be constituents of naturally occurring materials that become part of a
hydraulic fracturing fluid.46
Laws in Pennsylvania47 and Texas"contain similar language.
39 La.Admin.Code tit.43,§118(C)(1)(d)-(e).The Louisiana rule states that this information must be provided for
"ingredients contained in the hydraulic fracturing fluid that are subject to the requirements of 29 CFR Section
1910.1200(g)(2)."In other words,the information must be provided for those ingredients that are hazardous according
to OSHA's regulation on workplace hazard communication.
40 These states include Arkansas(more detail afterward),Idaho(less detail afterward),Montana(more detail
afterward),and Wyoming(less detail afterward).See 178-00 Ark.Code R.§001:B-19(k)(7)-(8),(1)(3)(C);Idaho
Admin.Code r.20.07.02.056;Mont.Admin.R.36.22.608,36.22.1015;Wyo.Code Rules and Regs.Oil Gen.§45(d),
(h).
41 See,e.g.,Michigan Fracturing Instruction,supra note 27,at 3.See also N.M.Admin.Code§19.15.16.19(B)(stating
that the operator does not have to report any more information than is required to be reported on MSDSs under OSHA
regulations on hazard communication in the workplace).
42 See 29 C.F.R.§1910.1200(a)(1).
43 OSHA recently modified its Hazard Communication Standard,effective May 25,2012.The regulation now requires
that by June 1,2015,employers communicate workplace hazards to employees by using"safety data sheets"that are
consistent with the United Nations Globally Harmonized System of Classification and Labeling of Chemicals.29
C.F.R.§1910.1200(a),(j).In addition to other information,the data sheets will be required to contain a more specific
description of certain chemical substances and mixtures,provided that this information does not qualify for trade secret
protection under the regulations.29 C.F.R.§1910.1200(g),(i),app.D.During the transition period,parties may comply
with the new regulations,the previous version of the regulations,or both.29 C.F.R. §1910.1200(j)(3).
44 See id. §1910.1200(g)(2),(i)(2011).
45 See id.
46 Colo.Code Regs.§404-1:205A(c).
47 58 Pa.Cons.Stat.§3222.1(c).
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-"
y 8 q
Trade Secret Protections
Closely related to what must be submitted under a particular disclosure law are the protections
provided for trade secrets.More than half of the disclosure laws examined contain trade secret
protections.A state may require detailed disclosure of chemical information,but if it also
provides a high degree of protection for trade secrets,parties may be able to avoid making
significant disclosures to a state agency or the public.Although the definition of a"trade secret"
may differ under various states'laws,this section assumes that a trade secret is: (a)information
valuable to its owner because others who could obtain value from it do not know the information
and cannot easily discover it; and(b)information that is subject to reasonable measures to protect
it from disclosure 49 Whether a particular law requires the public disclosure of trade secrets may
have implications for whether a court would find that the law effects a taking of property under
the Takings Clause of the Fifth Amendment—a finding that could potentially require that just
compensation be made to the owner of the trade secrets.5°
A couple of disclosure laws lack trade secret protections.These include Michigan's and West
Virginia's. States may not provide trade secret protections because the information required to be
disclosed under their laws is not detailed enough to be considered a trade secret,perhaps because
it is knowledge that is generally known or easily discoverable.51 Or, in some instances,trade
secret protections may be provided in another state law,such as an exemption for trade secrets
contained in an open records law that could allow a state agency that had received chemical
information to prevent it from being disclosed to the public.52
At least one state allows parties to withhold all details about fracturing additives that the parties
consider to be trade secrets.New Mexico's rule states, "The division does not require the
reporting or disclosure of proprietary,trade secret or confidential business information,"
apparently leaving the determination of what may be excluded to the discretion of the submitter.53
In contrast, a few states allow withholding only if parties provide alternative information about
chemical ingredients to regulators or the public for disclosure,such as the chemical family for the
ingredients.For example,Montana asks that,for withheld trade secret chemicals,parties provide
the"trade name,inventory name,chemical family name,or other unique name and the quantity of
such constituent(s)used."54 In Montana,55 as well as in Colorado56 and Louisiana,57 when parties
(...continued)
48 16 Tex.Admin.Code§3.29(d).
49 See U.T.S.A.§1(4)(1985).A few states continue to rely on the definition provided in the Restatement of Torts,§757
cmt.b(1939).Texas provides a definition of"trade secret"within its chemical disclosure law that is based on the
Restatement definition. 16 Tex.Admin.Code§3.29(a)(26).
5°See generally Ruckelshaus v.Monsanto,467 U.S.986(1984)(holding that when the government discloses trade
secrets that a party has been required to submit to the government by law,a taking could result in some circumstances);
Philip Morris v.Reilly,312 F.3d 24(1st Cir.2002)(en bane)(holding that a law that compels disclosure of a party's
trade secrets may effect a taking).
51 See supra sources cited note 49;see also Philip Morris,312 F.3d at 27(lead opinion)(discussing how companies
challenging a disclosure law feared that the disclosure of the relative amounts of ingredients in their products would
allow competitors to reverse engineer the chemical formulas for them).
52 See,e.g.,Wyo.Code Rules and Regs.Oil Gen.§45(1).
53 N.M.Admin.Code§19.15.16.19(B).
54 Mont.Admin.R.36.22.1016.
55 Id.
56 Colo.Code Regs.§404-1:205A(b)(2)(B)-(C),(d).
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withhold information and provide a less detailed description of chemical additives,it does not
appear that regulators have the authority to compel further disclosure in ordinary circumstances.58
However,as described below, some states make an exception and require disclosure in special
circumstances like spills or medical emergencies.
Some disclosure laws give the state attorney general or a state agency the authority to approve or
deny an exemption for trade secrets.These laws vary as to whether parties may withhold the
information prior to the decision or must first submit it to the state.For example,the Texas rule,
which allows parties to initially withhold information,allows landowners and others to challenge
a claim of trade secret protection and lists procedures to be used by the state attorney general to
decide whether to exempt the information from disclosure.59 Arkansas's rule states that parties
may withhold the information and submit a claim for a trade secret exemption to the state
agency.60 The agency decides whether information qualifies for protection under the criteria
provided in the federal Emergency Planning and Community Right-to-Know Act.61 In Wyoming,
the state oil and gas commission decides whether information that has been submitted to it is
exempt from public disclosure under the Wyoming Public Records Act.62
At least seven disclosure laws make an exception to trade secret protections for situations in
which a health care professional needs the information in order to provide medical care.
Typically,the professional must execute a confidentiality agreement before or after disclosure
occurs.63 For example,Colorado's rule states the following:
Vendors,service companies,and operators shall identify the specific identity and amount of
any chemicals claimed to be a trade secret to any health professional who requests such
information in writing if the health professional provides a written statement of need for the
information and executes a confidentiality agreement,Form 35. The written statement of
need shall be a statement that the health professional has a reasonable basis to believe that
(1)the information is needed for purposes of diagnosis or treatment of an individual,(2)the
individual being diagnosed or treated may have been exposed to the chemical concerned,and
(3)knowledge of the information will assist in such diagnosis or treatment.64
(...continued)
57 La.Admin.Code tit.43,§118(C)(2)(a).
58 It is possible that another state law or regulation may provide an avenue for some parties to compel disclosure.For
example,the Colorado Oil and Gas Conservation Commission maintains that a party wishing to challenge a trade secret
claim could bring a lawsuit under a provision in the state's Oil and Gas Conservation Act or file a complaint under a
certain commission rule.The agency would then decide whether to"receive,investigate,assess and determine claims
that a vendor,service company or operator has improperly claimed a trade secret"or whether to allow a court to decide
the issue.See COGCC,Proposed Statement of Basis,Specific Statutory Authority,and Purpose,
http://cogcc.state.co.us/RR_HF2011/OrderlR-114FinalFracingDisclosureRule.pdf(see pages 12-13).
59 16 Tex.Admin.Code§3.29(e)-(f).
60 178-00 Ark.Code R.§001:B-19(k)(8),(1)(3)(C).
61 Id.;see also 42 U.S.C.§11042(a)(2).
62 Wyo.Code Rules and Regs.Oil Gen.§45(f)(referring to a provision in the Wyoming Public Records Act).The party
claiming trade secret protection must justify and document the"nature and extent of the proprietary information."
Idaho provides a similar kind of protection to trade secrets.See Idaho Admin.Code r.20.07.02.006.
63 This may be intended to ensure that a disclosing party preserves any trade secrets disclosed,as trade secrets may be
destroyed if revealed to a third party without a confidentiality agreement.See sources cited supra note 49.
64 Colo.Code Regs.§404-1:205A(b)(5).
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1, 1c
In addition,Colorado's rule provides that in immediate medical emergencies,trade secret
information must be provided to the health professional"upon a verbal acknowledgement by the
health professional that such information shall not be used for purposes other than the health
needs asserted and that the health professional shall otherwise maintain the information as
confidential."65 A written confidentiality agreement may be requested"as soon as circumstances
permit."66 Other states with some form of medical emergency exception include Arkansas
(confidentiality agreement not required in rule),67 Idaho(confidentiality agreement not required in
rule),68 Louisiana(confidentiality agreement not required in rule),69 Montana(confidentiality
agreement may be required in non-emergencies;may be requested in emergencies),70
Pennsylvania(written confidentiality agreement required in non-emergencies;may be requested
in emergencies when circumstances permit),71 and Texas(information must be held
confidential).72 Colorado's rule provides a similar kind of exception for disclosures provided to
state agency employees responding to a spill or release,with provisions for confidentiality,73 as
do similar provisions in states such as Montana74 and Pennsylvania.75
When Disclosures Must Be Made
A few states mandate disclosures both before and after each fracturing treatment.For example,
prior to fracturing in Wyoming, a party must disclose"for each stage of the well stimulation
program,the chemical additives,compounds and concentrations or rates proposed to be mixed
and injected."76 After the procedure, at least one of the applicable parties must disclose
information about the actual chemicals used.77 Similar rules exist in states such as Arkansas,78
Idaho,79 and Montana,80 which require that disclosures made after fracturing contain a different
level of detail than those made before fracturing.
Disclosures made prior to fracturing that specifically identify the chemicals that will be used
potentially give parties with access to the data the opportunity to perform baseline testing on
65 Id.
66 Id
67 178-00 Ark.Code R.§001:B-19(k)(9),(1)(5).A couple of states'exceptions provide that trade secrets must be
disclosed in emergencies when state or federal law requires disclosure.See, e.g., 178-00 Ark.Code R. §001:B-19(k)(9),
(1)(5);La.Admin.Code tit.43,§118(C)(3).
68 Idaho Admin.Code r.20.07.02.200.
69 La.Admin.Code tit.43,§118(C)(3).
70 Mont.Admin.R.36.22.1016(3)-(4).
71 Pa.Cons.Stat.§3222.1(b)(10)-(11).If a confidentiality agreement is requested,the health professional must provide
one.
72 16 Tex.Admin.Code§3.29(c)(4),(g).The Texas rule borrows some of its confidentiality procedures from OSHA's
regulations on hazard communication at 29 C.F.R.§1910.1200(i). 16 Tex.Admin.Code§3.29(c)(4).
73 Colo.Code Regs.§404-1:205A(d).
74 Mont.Admin.R.36.22.1016(2).
75 Pa.Cons.Stat.§3222.1(d)(2).
76 Wyo.Code Rules and Regs.Oil Gen. §45(d).
77 Id. §45(h).
78 178-00 Ark.Code R.§001:B-19(k),(1)(3).
79 Idaho Admin.Code r.20.07.02.056.
80 Mont.Admin.R.36.22.608,36.22.1015.
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water sources near the drilling site for those particular chemicals.$' Baseline testing results can
then be compared with results from post-well stimulation testing to see if any groundwater
contamination has occurred and, if it has,to possibly locate its source.S2 Proponents of pre-
fracturing disclosure have argued that,among other things,it would: (1)provide landowners with
the identities of the chemicals they should test for when they collect baseline water samples prior
to drilling;and(2)assist emergency personnel and health professionals in responding to a spill or
release by providing them with information about the identities of the chemicals that were used in
the fluid.83
However, some in the industry have argued that requiring an operator to disclose chemical
information prior to hydraulic fracturing is of questionable value and does not comport with
realities in the field.Arguments to this effect include: (1)the chemical composition of the
fracturing fluid is often continually adjusted prior to treatment of the well,and so disclosures
made prior to fracturing may not accurately reflect the actual chemicals that will be used; and(2)
requiring the operator to gather chemical information from its contractors and report the
information to regulators may slow down production.84
Other state disclosure laws require parties to submit information about the chemicals used to
fracture a well at a single time following the drilling,fracturing,or completion of the well. States
with laws that require disclosure after completion of a well that has been fractured include
Louisiana(within 20 days),85 New Mexico(within 45 days),86 and Texas(timeframe varies).87
Ohio law mandates disclosures within 60 days after completion of the drilling of the well to the
"proposed total depth"or"after a determination that a well is a dry or lost hole."88 Colorado,89
81 American Petroleum Institute,Hydraulic Fracturing Operations—Well Construction and Integrity Guidelines§10.2
(2009),available at http://www.api.org/–/media/Files/Policy/Exploration/API_HF1.ashx.For more information on this
issue,see CRS Report R41760,Hydraulic Fracturing and Safe Drinking Water Act Issues,by Mary Tiemann and
Adam Vann.
82 See sources cited supra note 81.
83 See,e.g.,Western Colorado Congress Prehearing Statement p.3,http://cogcc.state.co.us/RR_HF2011/
PrehearingStatements/WesternColoradoCongress_PHS.pdf.See also Katarzyna Klimasinska,Drillers May Frack First,
Disclose Later Under Draft Plan,http://www.bloomberg.com/news/2012-05-01/drillers-may-frack-first-disclose-later-
under-draft-plan.html.
84 Some of these arguments were raised during the Colorado rulemaking.See,e.g.,Joint Rebuttal Statement of the
Colorado Petroleum Association and Colorado Oil&Gas Association p.7,http://cogcc.state.co.us/RR_HF2011/
RebuttalStatements/ColoradoPetroleumAssoc-ColoradoOilGassAssoc_Joint_RS.PDF;Western Colorado Congress
Rebuttal Statement pp.7-9,http://cogcc.state.co.us/RR_HF2011/RebuttalStatements/
WesternColoradoCongress_RS.PDF.
85 La.Admin.Code tit.43,§118(C)(1)(referring to La.Admin.Code tit.43,§105 for the timeframe).
86 N.M.Admin.Code§19.15.16.19(B).
87 In Texas,the operator must divulge chemicals to the public"on or before the date the well completion report"is sent
to the state agency. 16 Tex.Admin.Code§3.29(c)(2)(A).Well completion reports are due on the earlier date of 30
days after well completion or 90 days after drilling is finished.id. §3.16(b).
88 Ohio Rev.Code§1509.10(A)."If a well is not completed within sixty days after the completion of drilling
operations,"the owner must file a"supplemental well completion record"with the pertinent information"within sixty
days after the completion of the well."Id. §1509.10(B)(2).West Virginia requires disclosures to be made with a report
that must be filed within a"reasonable time"after drilling.W.Va.Code§22-6A-7(e)(5);see also id. §22-6-22(a).
89 Colo.Code Regs.§404-1:205A(b)(2).However,Colorado's rule also specifies that disclosure must be made no later
than 120 days after fracturing begins.
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North Dakota,90 Oklahoma,91 and Pennsylvania92 require disclosure within 60 days after a
fracturing treatment ends.
Conclusion
Many federal and state legislators and regulatory authorities have adopted or proposed measures
that would create new disclosure requirements applicable to the practice of hydraulic fracturing,a
natural resource recovery technique that is widely used in the recovery of natural gas from shale
formations.The Shale Gas Production Subcommittee of the Secretary of Energy Advisory Board
has recommended the public disclosure,on a well-by-well basis,of all of the chemical ingredients
added to fracturing fluids—even those ingredients that do not meet OSHA's standards for
hazardous chemicals requiring MSDSs.The subcommittee recommended that some protection for
trade secrets be provided.
At the federal level,BLM has proposed disclosure requirements that would be applicable for
hydraulic fracturing on all lands managed by the agency.Legislation has been introduced in the
112th Congress that would create disclosure requirements for all hydraulic fracturing operations
nationally.
Chemical disclosure laws at the state level vary widely. Of the 15 laws examined in this report,
fewer than half require direct public disclosure of chemical information by mandating that parties
post the information on the FracFocus chemical disclosure website.The level of detail required to
be disclosed often depends on how states protect trade secrets,as these protections may allow
submitting parties to withhold information from disclosure at their discretion or to submit fewer
details about proprietary chemicals,except,perhaps, in emergencies.Even if a disclosure law
does not protect information from public disclosure,other state laws, such as an exemption in an
open records law,may do so.A few states require the submission of MSDSs for certain
chemicals.MSDSs may offer a relatively low level of disclosure,as the most specific details that
parties currently must include on the data sheets under OSHA regulations are the chemical or
common names of certain hazardous ingredients.With regard to the timing of disclosure,a few
state laws require at least some disclosure of information about fracturing fluid chemical
composition before fracturing is performed,but these states typically require less detailed
information to be provided before fracturing than afterward.
90 N.D.Admin.Code 43-02-03-27.1(1)(g),(2)(h).
91 Okla.Admin.Code§ 165: 10-3-10(b).
92 58 Pa.Cons.Stat.§3222.1(b)(2).
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Appendix A. Glossary of Terms
Additive A product composed of one or more chemical constituents that is added to a
primary carrier fluid to modify its properties in order to form hydraulic
fracturing fluid
Chemical Abstracts Service The unique identification number assigned to a chemical by the division of the
(CAS) Number American Chemical Society that is the globally recognized authority for
information on chemical substances
Chemical A discrete chemical with its own specific name or identity,such as a CAS
Constituent/Ingredient number,that is contained in an additive
Chemical Family A group of chemicals that share certain physical and chemical characteristics and
have a common general name
Completion The activities and methods used to prepare a well for production after drilling
FracFocus.org The chemical disclosure registry website developed by the Ground Water
Protection Council and the Interstate Oil and Gas Compact Commission
Hydraulic Fracturing The treatment of a well by the application of hydraulic fracturing fluid under
pressure for the express purpose of initiating or propagating fractures in a target
geologic formation to enhance production of oil and/or natural gas
Hydraulic Fracturing Fluid The primary carrier fluid and all applicable additives
Material Safety Data Sheet A written or printed document that is prepared for a chemical mixture or
(MSDS) ingredient considered to be hazardous under OSHA standards according to
OSHA's regulations on hazard communication at 29 C.F.R.§1910.1200(g)(2)
Operator A person who assumes responsibility for the physical operation and control of a
well
Owner A person who owns,manages,leases,controls,or possesses a well property
Primary Carrier Fluid The base fluid,such as water,into which additives are mixed to form the
hydraulic fracturing fluid that transports proppant
Product A hydraulic fracturing additive that is manufactured using precise amounts of
specific chemical constituents and is assigned a commercial name under which
the substance is sold or utilized
Proppant Sand or any natural or man-made material that is used in a hydraulic fracturing
treatment to prop open the artificially created or enhanced fractures once the
treatment is completed
Service Company An entity that performs hydraulic fracturing treatments on a well
Supplier A company that sells or provides an additive for use in a hydraulic fracturing
treatment
Trade Secret Any formula,pattern,device,or compilation of information that is used in a
person's business,and that gives the person an opportunity to obtain an
advantage over competitors who do not know or use it
Source: Compiled by the Congressional Research Service from definitions contained in the Department of
Energy's primer on shale gas development;the Arkansas, Pennsylvania,and Texas disclosure laws or regulations;
and New York's proposed disclosure rule.
Note:This glossary provides common definitions for terms found in the report.A particular law may define
these terms differently.
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Appendix B. Summary of Chemical Disclosure Laws
Table B-I.Hydraulic Fracturing Chemical Disclosure Requirements
Laws and Proposals at the State and Federal Levels
When
Law Who Must Disclose What Must Be Trade Secret Disclosures Must
(or Proposal) and To Whoma Disclosedb Protections Be Made
Proposed Bureau of Operator discloses to Total volume of fluid; Operator could claim Within 30 days after
Land Management Rule BLM.The agency trade name and that a federal law or fracturing in the
(would apply on lands intends to have the purpose of additive regulation protected Subsequent Report
managed by BLM) information posted on products;and CAS information from Sundry Notice.
the FracFocus numbers of chemical disclosure but must
website. ingredients and their explain why
concentrations(%by information is
mass)in the entire exempt.BLM would
fluid. evaluate operator's
claim.
FRAC Act Person conducting Before and after No public disclosure S.587:before and
(S.587; fracturing operations fracturing:CAS of chemical formulas. after fracturing
H.R. 1084) discloses to state(or numbers of ingredients Disclosure to state (same level of
EPA,if it has primary in fracturing fluid; (or EPA)or health disclosure);
enforcement Material Safety Data professional upon deadlines set by
responsibility in the Sheets when available; request in a medical state(or EPA).
state),which posts on and"chemical" emergency.Fracturing H.R. 1084:before
Internet. volumes. party may require
confidentiality fracturing and
agreement after within 30 days after
disclosure. the end of fracturing
(same level of
disclosure).
Arkansas Disclosures are made Before fracturing: Chemical families Some disclosures
to state agency.Any disclosures include a must be provided before fracturing.
"person"fracturing a list of additives;and when ingredient
well in the state names and CAS identities are More detailed
makes less detailed numbers of ingredients withheld.A person disclosures must be
disclosures before in fracture fluid. fracturing a well made within 30 days
fracturing,and the and/or the permit of completion of a
permit holder makes After fracturing: fractured well.
holder may submit
disclosures include the
more detailed claim of protection to
disclosures after "types and volumes"of state agency for
fracturing. fluid and proppant decision.Exceptions
used for each stage; provided for
additive names and situations in which
types;names and CAS state or federal law
numbers of ingredients requires disclosure to
added to the fracture a health professional.
fluid by any person
fracturing the well and
the permit holder;and
actual additive rates or
concentrations(%by
volume)in the fluid.
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When
Law Who Must Disclose What Must Be Trade Secret Disclosures Must
(or Proposal) and To Whoma Disclosedb Protectionsc Be Made
Colorado Operator discloses to Total volume of water Operator may Within 60 days
the public by posting or other base fluid designate information after fracturing
on the FracFocus used during all stages as a trade secret and ends but no later
website. of the operation;trade withhold it but must than 120 days after
name,vendor,and submit the chemical it begins.
purpose of each family or similar
additive product used; descriptor.Claim
the identity,CAS submitted to state
number,and maximum agency by vendor,
concentration(%by service provider,or
mass)of each operator.Rule does
ingredient intentionally not provide for
added to the fluid. evaluation of claims.
Exceptions for
medical emergencies
and spills(with
confidentiality
protections).
Idaho Before fracturing: Before fracturing: Party may claim trade Before fracturing in
owner or operator disclosures include,for secret protection the Application for
discloses to state in each stage,"chemical when it discloses to Permit to Drill.
Application for Permit additives and the state.Information
to Drill. proppant(s)and is protected from Within 30 days of
concentrations or public disclosure to fracturing in post-
After fracturing: treatment report.
rates proposed to be the extent of the
owner or operator mixed and injected," state's public records
discloses to state in including type,name, law's exemption for
post-treatment and CAS number of trade secrets.
report. "additives"from Exception for when
Material Safety Data state or federal law
Sheets and"the requires disclosure to
formulary disclosure of health professional.
the chemical
compounds used in the
well stimulation(s)."
After fracturing:
disclosures include
concentrations(%by
volume)of the base
treatment fluid,
individual"additives,"
and proppant(s)in the
entire fracturing fluid.
Congressional Research Service 15
11C
Hydraulic Fracturing:Chemical Disclosure Requirements
When
Law Who Must Disclose What Must Be Trade Secret Disclosures Must
(or Proposal) and To Whom Disclosedb Protections Be Made
Indiana(emergency Before fracturing:well Before fracturing: None in the Before fracturing in
instruction for coal permit applicant disclosures include emergency rule. the well permit
bed methane wells) discloses to state. proposed volume of application.
base stimulation fluid;
"proposed rate or After fracturing in
the well completion
After fracturing: concentration"of each
operator discloses to additive product and a or recompletion
state. Material Safety Data report.
Sheet for each
product,if one exists.
After fracturing:
disclosures include
volume of"base
stimulation fluids"
used;trade name and
"rate or
concentration"of each
additive product;and
Material Safety Data
Sheets for products if
not already submitted.
Louisiana Operator makes Disclosures include: Chemical identities Within 20 days after
disclosures to state CAS numbers of and CAS numbers well completion.
agency or submits ingredients and may be withheld if
statement that it has maximum ingredient claimed to be trade
disclosed information concentrations within secrets or found to
to the public via additives(%by mass) be trade secrets
FracFocus or a and within the fracture under 29 C.F.R.
comparable website fluid(%by mass of §I 910.1200(i).
that is accessible to total volume)of Chemical family must
the public and free of hazardous ingredients still be provided.
charge. (under OSHA Exception in medical
standards).Operator emergencies when
is not required to state or federal law
disclose information requires disclosure.
not disclosed to it by
an entity claiming trade
secret protection.
Michigan Operator makes Material Safety Data None in the Filed with record of
disclosures to state Sheets that are instruction. well completion
agency when it provided by service operations,which is
conducts a high- company for due within 60 days
volume fracturing well "additives"used;and of well completion.
completion. volumes of additives.
Congressional Research Service 16
uc
Hydraulic Fracturing:Chemical Disclosure Requirements
When
Law Who Must Disclose What Must Be Trade Secret Disclosures Must
(or Proposal) and To Whom• Disclosedb Protections Be Made
Montana Before fracturing: Before fracturing: Owner,operator,or Less specific
operator discloses to disclosures include service contractor disclosures made
state agency in drilling "estimated total may withhold trade before fracturing in
permit application or volume of treatment secret chemical and drilling permit
notice. to be used";trade identify it by trade application or
name or generic name name,inventory notice.
After fracturing: of"principal name,chemical family,
owner or operator components or etc.and provide the More specific
discloses to the statechemicals";and the quantity used. disclosures made
agency or public. after fracturing
"estimated amount or Exceptions for
Public disclosure volume of the principal medical emergencies upon completion of
occurs on FracFocusthe well.
components." and spills(with
or other publicly
confidentiality
accessible website After fracturing:types protections).
approved by the state of additives used and
agency. their"rates or
concentrations"in the
fluid;and names and
CAS numbers of the
additives'chemical
ingredients.
New Mexico Operator discloses to Total volume of fluid; "The division does Within 45 days after
state agency. trade name,supplier, not require the well completion.
Operator must certify purpose,and CAS reporting or
that disclosures are numbers of ingredients disclosure of
true and complete to in fluid;and maximum proprietary,trade
the best of its concentrations of secret,or confidential
knowledge and belief. ingredients in additives business information."
and fluid(%by mass).
However,no more
disclosure must be
made than would be
included on a Material
Safety Data Sheet
under 29 C.F.R.
§1910.1200.
North Dakota Owner,operator,or "All elements made Viewable elements on Within 60 days after
service company viewable by the the FracFocus site do fracturing.
discloses to the public FracFocus website." not include chemical
on the FracFocus information that
website. submitting parties
have withheld
because it qualifies for
trade secret
protection under 29
C.F.R.
§1910.1200(i)(I).
Congressional Research Service 17
Hydraulic Fracturing:Chemical Disclosure Requirements 1 1 C
When
Law Who Must Disclose What Must Be Trade Secret Disclosures Must
(or Proposal) and To Whoma Disclosedb Protections Be Made
Ohio Well owner makes Disclosures include: Owner(or party that Within 60 days after
disclosures in well the trade name and discloses to owner) the end of drilling
completion record volume of all may withhold operations or after
submitted to state "products,fluids,and information determination that
agency or by posting substances";maximum considered to be well is a dry or lost
information on concentrations of trade secret hole.If the well is
FracFocus. additives in the fluid; information and not completed
and CAS numbers and pursue remedies for within 60 days of
State agency posts maximum its misappropriation. drilling,owner must
certain submitted concentrations of Trade secret file a supplement
chemical information ingredients challenge is available with the
on its website. intentionally added to in court to some information
the fluid. parties.Exceptions required within 60
exist for medical days after well
emergencies,spills, completion.
and investigations
(with confidentiality
protections).
Oklahoma(applies to Operator discloses to Disclosures include: Parties may"in good Within 60 days after
the fracturing of FracFocus or the state total volume and type faith"withhold fracturing.
horizontal wells agency.If submitted of base fluid;and CAS chemical information.
beginning in 2013 and to state,the agency numbers and Chemical family or
other wells in 2014) posts on FracFocus. maximum similar descriptor
concentrations(%by must be provided if
mass in fluid)of identity and CAS
ingredients number are withheld.
intentionally added. Parties may have to
explain claim to state.
Pennsylvania Operator discloses to Operators make the Vendor,service Within 60 days after
(requirements specific public on FracFocus. disclosures required to provider,or operator fracturing.
to"unconventional" By Jan. I,2013,state be made on the may withhold trade
wells) agency determines FracFocus chemical secrets from public.
whether FracFocus disclosure form. Operator discloses
can be searched or Ingredients cannot be chemical family or
sorted by CAS linked to additives. similar descriptor.
number,operator, Disclosures not Medical
geographic area,etc.If required are chemicals emergency/spill
not,then agency must not disclosed by exceptions(with
consider posting data vendor,service confidentiality
on its website so data provider,or operator; protections)
can be searched and and chemicals not provided.
sorted. intentionally added to
fracture fluid,etc.
Congressional Research Service 18
11C
Hydraulic Fracturing:Chemical Disclosure Requirements
When
Law Who Must Disclose What Must Be Trade Secret Disclosures Must
(or Proposal) and To Whoma Disclosed" Protections Be Made
Texas Operator discloses to Disclosures include: Supplier,service On or before the
public on FracFocus CAS numbers and company,or operator date the well
website. actual/maximum may claim trade completion report
concentrations(%by secret protection. is due(timeframe
mass)of hazardous Chemical family or varies).
ingredients(according similar description
to OSHA standards)in must be provided for
fracture fluid.Also, chemicals withheld.
CAS numbers for Certain landowners
nonhazardous and others may
ingredients challenge trade secret
intentionally put in claims.State attorney
fracture fluid must be general decides if
disclosed.Disclosures information is
not required include protected,subject to
chemicals not appeal.Exceptions for
disclosed by emergencies;
manufacturer,supplier, borrows some
or service company; confidentiality
and chemicals naturally procedures from 29
occurring in fluid. C.F.R.§I 910.1200(i).
West Virginia Horizontal well work: Before fracturing:list None in the Before fracturing:
permit applicant of anticipated disclosure law. list of anticipated
(before fracturing) "additives"that may be "additives"that may
and operator(after used. be used.
fracturing)disclose to
state agency. After fracturing:list of After fracturing:list
"additives"actually of"additives"
used submitted with actually used
well completion log. submitted with well
completion log.
Wyoming Owner,operator,or Before fracturing:for Claim made to state Before and after
service company each stage pumped, agency.Trade secrets fracturing.
discloses to state disclosures must protected to extent
agency. include"the chemical of state open records
additives,compounds law's exemption for
and concentrations or trade secrets.Agency
rates proposed to be decides whether
mixed and injected." information is exempt
from public
After fracturing: disclosure.
disclosures must
include the total
volume of fluid
pumped and,for each
stage,the"actual
chemical additive
name,type,
concentration or rate,
and amounts."
Source:Compiled by the Congressional Research Service from the BLM proposed rule,FRAC Act,and state
regulations.
Note:States update their laws on fracturing chemical disclosure frequently,and thus this table is designed to
show trends in how states structure these provisions rather than to describe the current status of the law in any
particular state.
Congressional Research Service 19
tic
Hydraulic Fracturing:Chemical Disclosure Requirements
a. This category does not include intermediate disclosures required to be made in some states,including
Arkansas(person fracturing the well to permit holder),Colorado(certain service providers and vendors to
operator),Pennsylvania(certain service providers and vendors to operator),and Texas(supplier or service
company to operator).When disclosures are made to a government agency,some agencies may choose to
disclose information to the public,for example by posting the information on their websites.
b. To determine the actual level of disclosure required,trade secret protections must be considered,as these
protections may allow parties to prevent the disclosure of information to regulators or the public.
c. This category refers only to trade secret protections contained in the disclosure law itself and not in other
laws that may provide protections,such as open records laws.
Author Contact Information
Brandon J.Murrill Adam Vann
Legislative Attorney Legislative Attorney
bmurrill@crs.loc.gov,7-8440 avann@crs.loc.gov,7-6978
Congressional Research Service 20
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