Fracking Patents - Michigan Telecommunications and Technology ...

316 Michigan Telecommunications and Technology Law Review [Vol. 19:279ing (a) a description of the interval(s) or formation treated, (b) the type oftreatment pumped (acid, chemical, fracture stimulation), and (c) the amountand type(s) of material pumped and the rates and maximum pressure duringtreatment. 257 For hydraulic fracturing treatments, operators must also disclose(a) a description of the stimulation fluid identified by additive type, (b)the chemical ingredient name and the CAS number for each ingredient used,and (c) the rate or concentration for each additive. 258 One key difference isthat Montana allows operators to satisfy these new hydraulic fracturing disclosurerequirements by submitting the information to the FracFocusdatabase. 259 As with Wyoming, however, the rules allow for the exclusion ofproprietary chemicals and trade secrets. Specifically, where the formula, pattern,compilation, program, device, method, technique, process, or compositionof a chemical product is unique to the owner or operator or servicecontractor and would, if disclosed, reveal methods or processes entitled toprotection as trade secrets, such a chemical need not be disclosed. 260 Instead,it is enough to identify the trade secret chemical or product by trade name,inventory name, chemical family name, or other unique name and the quantityused. 261Since then, five more states have followed suit, passing hydraulic fracturingdisclosure regulations linked to the FracFocus database. In October2011, the Louisiana Department of Natural Resources adopted a new rulerequiring oil and gas operators to obtain work permits and disclose toFracFocus the types, compositions and volumes of chemicals used aftercompleting a well. 262 Starting in February 2012, the Railroad Commission ofTexas required oil and gas operators to disclose the chemical ingredients andwater volumes used to hydraulically fracture wells on FracFocus. 263 However,a supplier, service company or operator is not required to disclose tradesecret information unless the Attorney General or a court determines that theinformation is not entitled to trade secret protection. 264 In February 2012,Pennsylvania also enacted a new law that requires unconventional well operatorsto complete a chemical disclosure registry form for publication on257. See Disclosure of Well Stumulation Fluids, MONT. ADMIN. R. 36.22.1015 (2013),available at http://bogc.dnrc.mt.gov/PDF/36-22-157adp-arm.pdf.258. Id.259. Id.260. See Proprietary Chemical and Trade Secrets, MONT. ADMIN. R. 36.22.1016 (2013),available at http://bogc.dnrc.mt.gov/PDF/36-22-157adp-arm.pdf.261. Id.262. DNR Office of Conservation Adopts New Regulation for Hydraulic Fracture Operationsin Louisiana, LA. DEP’T OF NAT. RES. (Oct. 20, 2011), http://dnr.louisiana.gov/index.cfm?md=newsroom&tmp=detail&aid=894.263. News Release, R.R. Comm’n of Tex., Railraod Commissioners Adopt One of Nation’sMost Comprehensive Hydraulic Fracturing Chemical Disclosure Requirements (Dec.13, 2011), available at http://www.rrc.state.tx.us/pressreleases/2011/121311.php.264. Id.