R 324.1406 Disclosure of hydraulic fracturing fluid chemical additives.

Rule 1406. (1) A permittee shall submit information on chemical additives used in a high volume hydraulic fracturing operation using the internet-based FracFocus Chemical Disclosure Registry that is maintained by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission and is accessed at http://fracfocus.org. If the FracFocus Chemical Disclosure Registry is no longer maintained or available, the permittee shall submit the information on a form prescribed by the supervisor or by any other means approved by the supervisor. A permittee shall submit the information within 30 days after completion of a high volume hydraulic fracturing operation. A contractor or supplier performing a high volume hydraulic fracturing operation for a permittee or providing supplies for a high volume hydraulic fracturing operation shall timely provide to the permittee the information required for the permittee to comply with this rule. The information shall include the following: (a) A list of all chemical additives used during the treatment specified by general type, such as acids, biocides, breakers, corrosion inhibitors, cross-linkers, demulsifiers, friction reducers, gels, iron controls, oxygen scavengers, pH adjusting agents, scale inhibitors, and surfactants. (b) The specific trade name and supplier of each chemical additive. (c) A list showing the specific identity of each chemical constituent intentionally added to the primary carrier fluid and its associated CAS number, except that the specific identities and CAS numbers of trade secret chemicals may be withheld under subrule (2) of this rule. (d) The maximum concentration of each chemical constituent listed expressed as a percent by mass of the total volume of hydraulic fracturing fluids utilized. (2) If the specific identity of a chemical constituent and its associated CAS number or concentration are a trade secret, the permittee may withhold the specific identity of the chemical constituent and its associated CAS number and concentration, but shall list the chemical family associated with the chemical constituent, or provide a similar description, and provide a statement that a claim of trade secret protection has been made by the entity entitled to make such a claim. If an independent contractor or supplier providing a chemical constituent to a permittee withholds any information required under this rule under a claim of trade secret, the contractor or supplier shall provide the information required for the permittee to timely comply with this subrule. (3) Nothing in this rule shall authorize any person to withhold information that is required by state or federal law to be provided to a health care professional for the purpose of diagnosis or treatment of a medical condition.