Disclosure of fracturing fluids is required in Texas for wells with an initial drilling permit issued on or after Feb. 1, 2012, and in Colorado for wells where hydraulic fracturing treatments are performed on or after April 1, 2012.

The new rules adopted by the Colorado Oil and Gas Conservation Commission and Texas Railroad Commission require oil and gas operators to post their disclosures of hydraulic fracturing fluids on FracFocus, the national chemical registry site.

Both rules obligate companies to disclose specific information on individual wells. This information includes location, depth, the total volume of water used in the hydraulic fracturing treatment, as well as trade names, concentrations, CAS numbers, and descriptions of the intended use or function of any chemical ingredient in the fracturing fluid.

The rules also address the protection of business information and the public’s right to know. Companies may claim substances to be trade secrets under certain conditions, but have to make public the “chemical family or other similar descriptor associated with such chemical.” (Colorado rule). More importantly, disclosure of trade secrets to health professionals and emergency responders is outlined in both rules: “A supplier, service company or operator must provide directly to a health professional or emergency responder, all information in the person's possession that is required by the health professional or emergency responder, whether or not the information may qualify for trade secret protection…” (Texas rule). 

Links to Texas rule and Colorado rule.

While FracFocus covers the U.S., a similar effort would be beneficial in Europe and other world regions. Support of this notion came recently from industry, when Rex W. Tillerson, chairman and CEO of Exxon Mobil Corporation, called for fracturing fluid disclosure in Europe in a keynote speech at CERAWeek 2012 in Houston.