Hydraulic fracturing is a technique used to free oil and natural
gas trapped underground in low-permeability rock formations by
injecting a fluid under high pressure in order to crack the
formations. The composition of a fracturing fluid varies with the
nature of the formation, but typically contains mostly water; a
proppant to keep the fractures open, such as sand; and a small
percentage of chemical additives. Some of these additives may be
hazardous to health and the environment. The Shale Gas Production
Subcommittee of the Secretary of Energy Advisory Board (SEAB) has
recommended public disclosure, on a well-by-well basis, of all of
the chemical ingredients added to fracturing fluids, with some
protection for trade secrets. Currently, no such law or regulation
exists at the federal level. In his 2012 State of the Union
Address, President Barack Obama said he would obligate "all
companies that drill for gas on public lands to disclose the
chemicals they use," citing health and safety concerns. In May
2012, the Bureau of Land Management (BLM) published a proposed rule
that would require companies employing hydraulic fracturing on
lands managed by BLM to disclose the content of the fracturing
fluid. In addition, there have been legislative efforts in the
112th Congress. H.R. 1084 and S. 587, the Fracturing Responsibility
and Awareness of Chemicals Act (FRAC Act), would create more
broadly applicable disclosure requirements for parties engaged in
hydraulic fracturing. Chemical disclosure laws at the state level
vary widely. Of the 15 laws examined in this report, fewer than
half require direct public disclosure of chemical information by
mandating that parties post the information on the FracFocus
chemical disclosure website. The level of detail required to be
disclosed often depends on how states protect trade secrets, as
these protections may allow submitting parties to withhold
information from disclosure at their discretion or to submit fewer
details about proprietary chemicals, except, perhaps, in
emergencies. Even if a disclosure law does not protect information
from public disclosure, other state laws, such as an exemption in
an open records law, may do so. States also have varying laws
regarding the timing of these disclosure requirements. This report
provides an overview of current and proposed laws and regulations
at the state and federal levels that require the disclosure of the
chemicals added to the fluid used in hydraulic fracturing. Appendix
A provides a glossary of many of the terms used in this report.
Appendix B contains a table summarizing the fracturing chemical
disclosure requirements described in this report. For an overview
of the relationship between hydraulic fracturing and the Safe
Drinking Water Act (SDWA), see CRS Report R41760, CRS Report
R41760, Hydraulic Fracturing and Safe Drinking Water Act Issues, by
Mary Tiemann and Adam Vann.
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