Statewide Rule 29 and FracFocus - PowerPoint Presentation

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Statewide Rule 29 and

FracFocus

Leslie Savage, Assistant Director for

Technical Permitting

August 2017Slide2

Statewide Rule 29

Objectives

Statewide Rule 29 hydraulic fracturing chemical disclosure requirements

Overview of

FracFocus

Chemical Disclosure RegistrySlide3

Statewide Rule 29

Statewide Rule 29

Disclosure of hydraulic fracturing treatment (HFT) chemicals

Disclosure required for HFT performed on well for which the initial drilling permit was issued on or after February 1, 2012Slide4

Required Disclosures of Chemical Information

Supplier to service company or operator using chemicals

Service company to operator

Operator to Commission

Through

FracFocus

Upon request

Supplier, service company or operator claiming Trade Secret to health professionals and emergency respondersSlide5

Supplier/Service Company Responsibilities

Within 15 days of completing HFT(s), provide to operator:

Additive, trade name, supplier, intended use or function

Each chemical ingredient required to have a Safety Data Sheet (SDS)

All other chemical ingredients intentionally included in, and used for the purpose of creating, HFT(s)

Actual or maximum concentration of each SDS chemical ingredient in percent by mass

CAS number for each chemical ingredient, if applicableSlide6

Supplier/Service Company Responsibilities

Within 15 days of completing HFT(s), provide to operator:

If identity and/or CAS number or amount of any additive or chemical ingredient is claimed to be entitled to protection as trade secret information:

supplier’s or service company’s contact information, including the name, authorized representative, mailing address, and phone #; and

chemical family, unless providing the chemical family would disclose information protected as a trade secret. Slide7

Disclosures Not Required

Ingredients not intentionally added

Ingredients not disclosed by manufacturer, supplier, service company

Ingredients that occur naturally or are otherwise unintentionally present

Specific ingredients eligible for trade secret protectionSlide8

Operator Responsibilities

Complete Chemical Disclosure Registry form

Operator name;

Date of completion of the HFT(s);

County, API number, well name and number;

Longitude and latitude of the wellhead;

Total vertical depth of the well;

Total volume of water used or the type and total volume of the base fluid used in the HFT(s), if something other than water;Slide9

Operator Responsibilities

Complete Chemical Disclosure Registry form

Each additive and trade name, supplier, and description of intended use or function;

Each chemical ingredient required to have a SDS;

Actual or maximum concentration of each SDS chemical ingredient in percent by mass;

CAS number for each chemical ingredient, if applicable; and

Supplemental list of all remaining chemicals and their respective CAS numbers, intentionally included in and used for the purpose of creating the HFT(s).Slide10

Operator Responsibilities

Upload Chemical Disclosure Registry form to

FracFocus

Chemical Disclosure Registry

Complete HFT portion of RRC Completion Report (Form G-1 or W-2)Slide11
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Other Disclosures

Supplier/Service Company/Operator:

Must provide information, including trade secret information, directly to a health professional or emergency responder

In an emergency situation, must provide the information immediately upon requestSlide13

STATEWIDE RULE 29

Trade Secret protection

Not required to disclose trade secret information, unless the Office of the Attorney General or appropriate court determines that the information is not entitled to trade secret protection under Texas Gov. Code, Chapter 552.Slide14

STATEWIDE RULE 29

Trade Secret Challenge

Eligible to challenge claim of Trade Secret protection:

Landowner on whose property the wellhead is located;

Landowner who owns real property adjacent to that property; or

Texas department or agency with jurisdiction over a matter to which the claimed trade secret information is relevant.Slide15
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STATEWIDE RULE 29

FracFocus

REGISTRATION

Information regarding registration of your company to use FracFocus.org can be found at: 

https://www.hydraulicfracturingdisclosure.org/Account/RegisterOperator.aspx

NOTE:  Registration can be expedited if your company uses the same security administrator listed on the company's Security Administrator Designation Form (RRC SAD Form)

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For more information

Leslie Savage

Assistant Director

Technical Permitting

Oil and Gas Division

Leslie.savage@rrc.texas.gov

(512) 463-7308

William Blackwell

FracFocus

GWPC

wblackwell@gwpc.org

(405) 607-6808