Fracking Fluid Disclosure Laws
Nine states require energy companies to disclose information about fracking fluids they use.Here's how those laws stack up against proposed U.S. BLM rules.
State orfederal agencyWhat must be disclosed(excluding proprietarycompounds)Must chemicalconcentrationsbe disclosed?What aboutproprietary information?Where is theinformation posted?When is theinformationdisclosed?
U.S. Bureau of LandManagementdraft regulations(Applicable onlyto wells drilledon federal land).Names of products,chemicals and their CASnumbers.* Chemicals arelisted by well but notmatched with the productsthey go into.Yes, but not forspecific products.Unclear if it would be disclosed toregulators or hidden from both regulatorsand the public.Operators seeking exemptions must citethe specific regulation that applies toeach exemption, and explain why thatproduct or chemical is consideredproprietary.Operators woulddisclose theinformation using BLMForm 3160-5 (SundryNotices). It's unclear if the data would beposted online.A list of proposedchemicals is due atleast 30 days beforefracking begins. Anupdated list is dueafter well completion.ArkansasNames of products,chemicals and their CASnumbers. The chemicals arelisted by well but notmatched with the productsthey go into.No.Operatorsdisclose thepercent by volumeof the productsused in a well, butnot theconcentrations of individualchemicals.Disclosed to director of the Arkansas Oiland Gas Commission. The informationmust be provided to health careprofessionals who require it. The chemicalfamily is disclosed to the public.Operators seeking exemptions mustapply to the Commission director.Posted on statewebsiteA list of proposedproducts and chemicalsis due before fracking.When fracking is done,updated lists aresubmitted for eachwell.Colorado(Rules effectiveApril 1, 2012).Names of products,chemicals and their CASnumbers. Chemicals arelisted by well but notmatched with the productsthey go into.Landowners within 500 feetof a well will receiveinformation on how frackingworks and how to dobaseline water testing.Yes, but not forspecific products.Disclosed to Colo. Oil and GasCommission and to health careprofessionals in an emergency. Thechemical family of each proprietarycompound will be disclosed to the public.Operators seeking exemptions mustcertify that the exempt compound is atrade secret. That statement is providedunder penalty of perjury--if theinformation is a lie, the person whosigned the form could go to prison.Posted onFracFocus.org**Within 60 days of fracking activity.LouisianaList of products used.If a product is consideredhazardous by OccupationalSafety and HealthAdministration standards,then its chemicalingredients andconcentrations must also bereleased.Yes, but only forchemicals inhazardousproducts.Operators must disclose the chemicalfamily, but the exact chemical name isnot disclosed to regulators or the public.Operators must follow state or federallaws that require disclosure to health careprofessionals.Operators can claim exemptions forcompounds they consider trade secrets.Posted on FracFocus ora state website withinthe Louisiana Dept. of Natural ResourcesOffice of ConservationWithin 20 days of wellcompletion.MichiganMaterial Safety Data Sheetsmust be filed for hazardouschemicals and matchedwith the products they gointo.***No.Operators disclosea range, not theexactconcentration.Not disclosed to regulators or the public.Operators can label chemicals theyconsider trade secrets as "proprietary" onMaterial Safety Data Sheets. Only theconcentration range is disclosed.Material Safety DataSheets posted on statewebsiteWithin 60 days of drilling completion.MontanaNames of chemicals andtheir CAS numbers.Chemicals don't have to bematched with the productsthey go into.No.Operators providemaximumconcentration, notactualconcentration.Operators must disclose the chemicalfamily, but the exact chemical name isn'tdisclosed to regulators or the public.Proprietary chemicals must be disclosedto health care professionals in anemergency.Well operators can decide whetherproducts or chemicals are proprietary.Companies can postthe information onFracFocus or give it tothe Montana Oil andGas Board.Before fracking beginsand after fracking iscomplete.OhioMaterial Safety DataSheets, which list products'individual chemicalcomponents and their CASnumbers.No.Operators disclosea range, not theexactconcentration.Not disclosed to regulators or the public.No specific requirements for medicaldisclosure, but a regulator from the OhioDept. of Natural Resources said he'sconfident the information would beprovided to health care professionals inan emergency.Posted on statewebsite60 days after drilling iscomplete.