Regular Session 2023-2024 House Bill 1943 P.N. 2877

PRIOR PRINTER'S NO. 2477

PRINTER'S NO. 2877

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1943

Session of

2024

INTRODUCED BY McNEILL, D. MILLER, HILL-EVANS, MADDEN, WEBSTER,

FREEMAN, GALLOWAY, HANBIDGE, KHAN, HOHENSTEIN, DELLOSO,

KRAJEWSKI, STURLA, MAYES, SANCHEZ AND VITALI, JANUARY 3, 2024

AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND

ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 9, 2024

AN ACT

Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated

Statutes, in development, further providing for hydraulic

fracturing chemical disclosure requirements. PROVIDING FOR

DOWNHOLE OPERATION CHEMICAL DISCLOSURE.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3222.1 of Title 58 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 3222.1. Hydraulic fracturing chemical disclosure

requirements.

(a) Applicability.--This section applies to hydraulic

fracturing of unconventional wells performed on or after the

effective date of this section.

(b) Required disclosures.--

(1) [Except as provided under subsection (d), a] A

service provider who performs any part of a hydraulic

fracturing treatment and a vendor who provides hydraulic

fracturing additives directly to the operator for a hydraulic

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fracturing treatment shall furnish the operator with the

information required under paragraph (2) [not later than 60

days after the commencement of the hydraulic fracturing].

(2) [Within 60 days following the conclusion of

hydraulic fracturing, the] The operator of the well shall

complete the chemical disclosure registry form and post the

form on the chemical disclosure registry in accordance with

regulations promulgated under this chapter in a format that

does not link chemicals to their respective hydraulic

fracturing additive at least 14 days prior to the usage in

each stage of the unconventional oil and gas process,

including drilling.

[(3) If the vendor, service provider or operator claims

that the specific identity of a chemical or the concentration

of a chemical, or both, are a trade secret or confidential

proprietary information, the operator of the well must

indicate that on the chemical disclosure registry form, and

the vendor, service provider or operator shall submit a

signed written statement that the record contains a trade

secret or confidential proprietary information. If a chemical

is a trade secret, the operator shall include in the chemical

registry disclosure form the chemical family or similar

description associated with the chemical.

(4) At the time of claiming that any of the following

are entitled to protection under paragraph (3), a vendor,

service provider or operator shall file a signed written

statement that the record contains a trade secret or

confidential proprietary information:

(i) A hydraulic fracturing additive.

(ii) A chemical.

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(iii) A concentration.

(iv) Any combination of subparagraphs (i), (ii) and

(iii).]

(5) [Unless the information is entitled to protection as

a trade secret or confidential proprietary information,

information] Information submitted to the department or

posted to the chemical disclosure registry shall be a public

record.

(6) By January 1, 2013, the department shall determine

whether the chemical disclosure registry allows the

department and the public to search and sort Pennsylvania

chemical disclosure information by geographic area, chemical

ingredient, chemical abstract service number, time period and

operator. If the department determines that there is no

reasonable assurance that the registry will allow for

searches by geographic area, chemical ingredient, chemical

abstract service number, time period and operator, at a date

acceptable to the department, the department shall

investigate the feasibility of making the information under

paragraph (2) available on the department's Internet website

in a manner that will allow the department and the public to

search and sort the information by geographic area, chemical

ingredient, chemical abstract service number, time period and

operator and shall report to the General Assembly whether

additional resources may be needed to implement the searches

and sorting.

(7) A vendor shall not be responsible for any inaccuracy

in information that is provided to the vendor by a third-

party manufacturer.

(8) A service provider shall not be responsible for any

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inaccuracy in information that is provided to the service

provider by the vendor.

(9) An operator shall not be responsible for any

inaccuracy in information provided to the operator by the

vendor or service provider or manufacturer.

(10) A vendor, service company or operator shall

identify the specific identity and amount of any chemicals

[claimed to be a trade secret or confidential proprietary

information to any health professional who requests the

information in writing if the health professional executes a

confidentiality agreement and provides a written statement of

need for the information indicating all of the following:

(i) The information is needed for the purpose of

diagnosis or treatment of an individual.

(ii) The individual being diagnosed or treated may

have been exposed to a hazardous chemical.

(iii) Knowledge of information will assist in the

diagnosis or treatment of an individual.] within five

days of a written request by a health professional.

(11) If a health professional determines that a medical

emergency exists and the specific identity and amount of any

chemicals claimed to be a trade secret or confidential

proprietary information are necessary for emergency

treatment, the vendor, service provider or operator shall

immediately disclose the information to the health

professional. [upon a verbal acknowledgment by the health

professional that the information may not be used for

purposes other than the health needs asserted and that the

health professional shall maintain the information as

confidential. The vendor, service provider or operator may

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request, and the health professional shall provide upon

request, a written statement of need and a confidentiality

agreement from the health professional as soon as

circumstances permit, in conformance with regulations

promulgated under this chapter.]

provision of this chapter, a vendor, service provider or

operator shall not be required to do any of the following:

(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 stimulation fluid.

(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 stimulation fluid.

[(d) Trade secrets and confidential proprietary

information.--

(1) Notwithstanding any other provision of this chapter,

a vendor, service company or operator shall not be required

to disclose trade secrets or confidential proprietary

information to the chemical disclosure registry.

(2) The following shall apply:

(i) If the specific identity of a chemical, the

concentration of a chemical or both the specific identity

and concentration of a chemical are claimed to be a trade

secret or confidential proprietary information, the

vendor, service provider or operator may withhold the

specific identity, the concentration, or both the

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specific identity and concentration, of the chemical from

the information provided to the chemical disclosure

registry.

(ii) Nothing under this paragraph shall prohibit any

of the following from obtaining from a vendor, service

provider or operator information that may be needed to

respond to a spill or release:

(A) The department.

(B) A public health official.

(D) A responder to a spill, release or a

complaint from a person who may have been directly

and adversely affected or aggrieved by the spill or

release.

(iii) Upon receipt of a written statement of need

for the information under subparagraph (ii), the

information shall be disclosed by the vendor, service

provider or operator to the requesting official or entity

authorized under subparagraph (ii) and shall not be a

public record.

(e) Disclosure prevented.--The department shall prevent

disclosure of trade secrets or confidential proprietary

information under this section pursuant to the requirements of

the Right-to-Know Law or other applicable State law.]

(e.1) Emergency response reporting.-- Notwithstanding any

other provision of law, a vendor, service provider or operator

shall immediately disclose all information necessary to respond

to a spill or release to the following:

(1) The department.

(2) A public health official.

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(3) An emergency manager.

(4) A responder to a spill, release or complaint from a

person that may have been directly and adversely affected or

aggrieved by the spill or release.

(f) Well reporting.--Notwithstanding any other provision of

law, nothing in this section shall be construed to reduce or

modify the disclosure requirements for conventional well

operators contained in 25 Pa. Code Ch. 78 Subch. E (relating to

well reporting).

SECTION 1. TITLE 58 OF THE PENNSYLVANIA CONSOLIDATED

STATUTES IS AMENDED BY ADDING A SECTION TO READ:

§ 3222.2. DOWNHOLE OPERATION CHEMICAL DISCLOSURE.

(A) DUTY TO FILE REPORT WITH DEPARTMENT.--NOTWITHSTANDING

ANY OTHER PROVISION IN THIS SUBCHAPTER OR OTHER LAW TO THE

CONTRARY, A PERSON MAY NOT COMMENCE DOWNHOLE OPERATIONS IN AN

UNCONVENTIONAL GAS WELL UNLESS AT LEAST 30 DAYS PRIOR TO THE

COMMENCEMENT OF THE DOWNHOLE OPERATIONS THE PERSON FILES A

REPORT WITH THE DEPARTMENT THAT CONTAINS THE FOLLOWING

INFORMATION FOR EACH WELL:

(1) AN ALPHABETICAL LIST OF THE NAMES AND CHEMICAL

ABSTRACT SERVICE NUMBERS OF ALL CHEMICALS TO BE USED IN THE

DOWNHOLE OPERATIONS.

(2) LATITUDE AND LONGITUDE OF THE WELL.

(3) THE COUNTY WHERE THE WELL IS LOCATED.

(4) AMERICAN PETROLEUM INSTITUTE WELL NUMBER AND UNITED

STATES WELL NUMBER, IF APPLICABLE.

(B) DUTY OF DEPARTMENT.--THE DEPARTMENT SHALL POST ON A

PUBLICLY ACCESSIBLE INTERNET WEBSITE THE INFORMATION REPORTED

UNDER SUBSECTION (A). THE DEPARTMENT SHALL NOT INCLUDE IN THE

CHEMICAL DISCLOSURE LIST:

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(1) THE TRADE NAME OF A CHEMICAL PRODUCT USED IN

DOWNHOLE OPERATIONS AT THE WELL SITE; OR

(2) THE TOTAL AMOUNT OF A CHEMICAL IN A CHEMICAL

PRODUCT.

CONTRARY, THE DEPARTMENT SHALL INCLUDE THE NAME AND CHEMICAL

ABSTRACT SERVICE NUMBER OF ALL CHEMICALS USED IN DOWNHOLE

OPERATIONS ON A PUBLICLY ACCESSIBLE INTERNET WEBSITE AND MAY NOT

DEEM THE NAMES OR CHEMICAL ABSTRACT SERVICE NUMBER OF ANY

CHEMICAL AS A TRADE SECRET OR PROPRIETARY INFORMATION UNDER THE

ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-

KNOW LAW. THE DEPARTMENT SHALL MAINTAIN CONFIDENTIALITY OF A

FORMULA OR PROCESS REPORTED UNDER THIS SECTION.

(D) DUTY OF CHEMICAL MANUFACTURER.--IF A PERSON CANNOT

DISCLOSE A COMPLETE LIST OF CHEMICALS USED IN DOWNHOLE

OPERATIONS AS REQUIRED UNDER SUBSECTION (A), THE CHEMICAL

MANUFACTURER SHALL PROVIDE A COMPLETE LIST OF NAMES AND CHEMICAL

ABSTRACT SERVICE NUMBERS TO THE DEPARTMENT.

(E) CONSTRUCTION.--NOTWITHSTANDING ANY LAW TO THE CONTRARY,

NOTHING IN THIS SECTION OR THE RULES PROMULGATED BY THE

ENVIRONMENTAL QUALITY BOARD UNDER THIS SECTION SHALL BE

CONSTRUED TO PREVENT THE DEPARTMENT, THE COMMONWEALTH OR A LOCAL

GOVERNMENT FROM COLLECTING UNDER ANY OTHER PROVISION OF LAW

CHEMICAL DISCLOSURE INFORMATION FROM A PERSON REQUIRED TO COMPLY

WITH THIS SECTION.

(F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"DOWNHOLE OPERATIONS." OIL AND GAS PRODUCTION OPERATIONS

THAT ARE CONDUCTED UNDERGROUND, INCLUDING DRILLING AND HYDRAULIC

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FRACTURING.

Section 2. This act shall take effect in 60 days.

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