§ 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 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 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 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.

(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.

(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 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 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.

(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 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.

(c)  Disclosures not required.--Notwithstanding any other 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 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.

(C)  An emergency manager.

(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.

(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).

 

Special Provisions in Appendix.  See section 4(3)(xiv) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.