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PRINTER'S NO. 907
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
838
Session of
2021
INTRODUCED BY D. MILLER, McNEILL, FREEMAN, HILL-EVANS, CONKLIN,
MADDEN, ZABEL, SANCHEZ, SAMUELSON, A. DAVIS, GALLOWAY,
SCHLOSSBERG, HOWARD, CIRESI AND SIMS, MARCH 15, 2021
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 15, 2021
AN ACT
Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated
Statutes, in development, further providing for hydraulic
fracturing chemical disclosure requirements.
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:
ยง 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] within five days of a written request by
a 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
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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.]
(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
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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.
(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.]
(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 2. This act shall take effect in 60 days.
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