Wyoming state regulators have reached an agreement with oil and gas industry officials for greater public disclosure of the chemicals used in hydraulic fracturing operations.
In 2010, Wyoming became the first state to require companies disclose the chemicals used in fracking to regulators, but the information did not have to be released to the public. The new rules will give the public much greater access to information about the chemicals being used.
Industry lobbyists had long argued that chemical formulations for frack fluids should remain confidential because they are trade secrets, but are now saying that the new rule changes are minor.
John Robitaille, vice president of the Petroleum Association of Wyoming, said “the more information companies can share publicly without compromising their competitive position, the better.” “Whenever a question is answered by ‘I can’t tell you’, it is going to raise concerns whether it is legitimate or not,” Robitaille said. “That was part of the reasoning behind the rule that is currently in place. It was to show everyone there were no chemicals to fear, so here they are.” – As reported by the Casper Star Tribune
Under the agreement, the burden of proof will be on firms to show a chemical qualifies as a trade secret. Katherine O’Brien, an attorney for Earthjustice, said, “There was no real standard governing the commission’s review” of trade secrets. “What the reforms required by the settlement will ensure is that the commission has the information it needs to separate legitimate trade secret claims from illegitimate ones.”