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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY WILLIAMS, FONTANA, TARTAGLIONE, WASHINGTON, RAFFERTY, O'PAKE, COSTA AND ERICKSON, SEPTEMBER 20, 2010 |
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| REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, SEPTEMBER 20, 2010 |
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| AN ACT |
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1 | Amending the act of December 19, 1984 (P.L.1140, No.223), |
2 | entitled "An act relating to the development of oil and gas |
3 | and coal; imposing duties and powers on the Department of |
4 | Environmental Resources; imposing notification requirements |
5 | to protect landowners; and providing for definitions, for |
6 | various requirements to regulate the drilling and operation |
7 | of oil and gas wells, for gas storage reservoirs, for various |
8 | reporting requirements, including certain requirements |
9 | concerning the operation of coal mines, for well permits, for |
10 | well registration, for distance requirements, for well casing |
11 | requirements, for safety device requirements, for storage |
12 | reservoir obligations, for well bonding requirements, for a |
13 | Well Plugging Restricted Revenue Account to enforce oil and |
14 | gas well plugging requirements, for the creation of an Oil |
15 | and Gas Technical Advisory Board, for oil and gas well |
16 | inspections, for enforcement and for penalties," providing |
17 | for hydraulic fracturing chemicals and surface impoundments |
18 | and for hydraulic fracture fluids monitoring. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. The act of December 19, 1984 (P.L.1140, No.223), |
22 | known as the Oil and Gas Act, is amended by adding sections to |
23 | read: |
24 | Section 208.1. Hydraulic fracturing chemicals and surface |
25 | impoundments. |
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1 | (a) Notwithstanding a trade secret claim, a well operator |
2 | shall file a report with the department for each well that is |
3 | drilled using the hydraulic fracturing process within 30 days of |
4 | completion of such well. The report shall include, without |
5 | limitation, the complete list of the chemicals and chemical |
6 | compounds used in the fracturing fluid products, specifying the |
7 | volume of fluid utilized in each separate hydraulic fracturing |
8 | operation and the Chemical Abstract Service registry number for |
9 | each constituent chemical. The department shall make the report |
10 | available to the public on the department's publicly available |
11 | Internet website. |
12 | (b) (1) In case of a medical emergency, the well operator |
13 | shall provide the concentration of each constituent chemical |
14 | and the formula for each chemical compound to medical |
15 | emergency personnel or local emergency personnel, or both. |
16 | (2) All documents, materials and other information |
17 | provided under this subsection shall be considered |
18 | confidential and shall not be released or disclosed to the |
19 | public by the recipients or any other medical or emergency |
20 | personnel with access to the documents, materials and other |
21 | information. Upon the lawful order of a court of competent |
22 | jurisdiction, any documents, materials and other information |
23 | shall be released. A person who violates this paragraph |
24 | commits a misdemeanor of the third degree. |
25 | (c) The well operator shall keep a copy of the report at the |
26 | well site and produce it upon request by the department, local |
27 | emergency personnel or surface landowners residing within 5,500 |
28 | feet of the well. |
29 | Section 208.2. Hydraulic fracture fluids monitoring. |
30 | For each individual hydraulic fracturing operation performed |
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1 | at a well site, the well operator shall maintain the data |
2 | indicating the total volume of fracturing fluids used for the |
3 | operation as well as the total volume of fluids that returned to |
4 | the surface. The well operator shall compile the data and the |
5 | necessary records to support the data, and submit it to the |
6 | department on a semi-annual basis. |
7 | Section 2. This act shall take effect in 60 days. |
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