THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WILLIAMS, TARTAGLIONE, FONTANA, ERICKSON, RAFFERTY AND COSTA, JANUARY 12, 2011

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 12, 2011  

AN ACT

Amending the act of December 19, 1984 (P.L.1140, No.223),

entitled "An act relating to the development of oil and gas

and coal; imposing duties and powers on the Department of

Environmental Resources; imposing notification requirements

to protect landowners; and providing for definitions, for

various requirements to regulate the drilling and operation

of oil and gas wells, for gas storage reservoirs, for various

reporting requirements, including certain requirements

concerning the operation of coal mines, for well permits, for

well registration, for distance requirements, for well casing

requirements, for safety device requirements, for storage

reservoir obligations, for well bonding requirements, for a

Well Plugging Restricted Revenue Account to enforce oil and

gas well plugging requirements, for the creation of an Oil

and Gas Technical Advisory Board, for oil and gas well

inspections, for enforcement and for penalties," providing

for hydraulic fracturing chemicals and surface impoundments

and for hydraulic fracture fluids monitoring.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of December 19, 1984 (P.L.1140, No.223),

known as the Oil and Gas Act, is amended by adding sections to

read:

Section 208.1.  Hydraulic fracturing chemicals and surface

impoundments.

(a)  Notwithstanding a trade secret claim, a well operator

shall file a report with the department for each well that is

drilled using the hydraulic fracturing process within 30 days of

completion of such well. The report shall include, without

limitation, the complete list of the chemicals and chemical

compounds used in the fracturing fluid products, specifying the

volume of fluid utilized in each separate hydraulic fracturing

operation and the Chemical Abstract Service registry number for

each constituent chemical. The department shall make the report

available to the public on the department's publicly available

Internet website.

(b)  (1)  In case of a medical emergency, the well operator

shall provide the concentration of each constituent chemical

and the formula for each chemical compound to medical

emergency personnel or local emergency personnel, or both.

(2)  All documents, materials and other information

provided under this subsection shall be considered

confidential and shall not be released or disclosed to the

public by the recipients or any other medical or emergency

personnel with access to the documents, materials and other

information. Upon the lawful order of a court of competent

jurisdiction, any documents, materials and other information

shall be released. A person who violates this paragraph

commits a misdemeanor of the third degree.

(c)  The well operator shall keep a copy of the report at the

well site and produce it upon request by the department, local

emergency personnel or surface landowners residing within 5,500

feet of the well.

Section 208.2.  Hydraulic fracture fluids monitoring.

For each individual hydraulic fracturing operation performed

at a well site, the well operator shall maintain the data

indicating the total volume of fracturing fluids used for the

operation as well as the total volume of fluids that returned to

the surface. The well operator shall compile the data and the

necessary records to support the data, and submit it to the

department on a semi-annual basis.

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