Microsoft Office Outlook - Memo Style - Montana Board of Oil and Gas

New Rule II. Disclosure of Well Stimulation Fluids.
TU agrees with the Rule II provisions and suggests that under (4)(a), language be
included that provides more specific information. We recommend the following:
(4) The administrator may waive all or a portion of (2) or (3) of this rule if: (a) the owner
or operator demonstrates that is has provided all of the required information under (2) and
(3) to the Interstate Oil and Gas Compact Commission/Groundwater Protection Council
(IOGCC ) hydraulic fracturing web site. The owner/operator must provide the web link
to the Board and the Board must represent that web link on the Montana BOGC website
and displayed in a manner that is navigable for the public. This requirement will provide
an easier format for the public’s view since the IOGCC website has its challenges in
accessing information. Disclosure should also include the name, location, and permit
number of the well(s). Finally, the BOGC website should be considered the official
repository for this information and industry postings only on the IOGCC website or any
other location should not be considered adequate. The public must have the ability to
look at one central location to find the location of wells and chemicals used in fracking
operations.
New Rule III. Proprietary Chemicals and Trade Secrets.
(1) Pursuant to proposed rule III, TU argues that the need for public disclosure
and the public’s right to know far outweighs industry trade secrets. TU appreciates the
protection of trade secrets in the highly competitive oil and gas industry. However, it
should be noted that concerned citizens are not looking for the recipe for fracturing, but
rather the knowledge of which chemicals are being pumped into the ground to release the
oil or gas resource. In support of our recommendation, it should be noted that household
products list all chemicals used in the making of those products, yet they do not include
the exact recipe for that product. The same should be true for the oil and gas industry.
The public has a right to know what is being injected into public and private lands.
(2) We also ask that full disclosure be required to the Board, its staff, and the
public regardless of whether a spill occurs. Without full disclosure of all chemicals used
in hydraulic fracturing, treatment for injuries and/or resolution to potential water well
contamination cannot be adequately addressed. Relative to medical emergencies, we
applaud the BOGC’s proposal to require immediate disclosure of chemical constituents.
However, if there is a health emergency and one person is affected, it is irresponsible and
burdensome for that health professional to be bound in confidence to the secrecy of
dangerous chemicals when others in a community could be at risk as well.
Further, the Board should note that without a full disclosure requirement, industry
would most likely claim proprietary ownership over disclosure. This is currently
happening in Wyoming, where trade secrecy has become the rule, rather than the
exception. A trade secret exemption could render the rule useless should operators choose
this route.
3 Trout Unlimited Comments to BOGC on Hydraulic Fracturing Rules