Kan. Admin. Regs. § 82-3-1401 - Hydraulic fracturing treatment; chemical disclosure
(a) Applicability. This regulation shall
apply to each hydraulic fracturing treatment that uses more than 350,000
gallons of base fluid.
(b) Operator
disclosures. Unless the operator submits all information to the chemical
disclosure registry under subsection (f), the operator shall submit to the
commission a list of each hydraulic fracturing treatment as part of the
completion report required by K.A.R. 82-3-130. The list shall include the
following information, as a percentage by mass of the total amount of hydraulic
fracturing fluid:
(1) The base fluid used,
including its total volume;
(2)
each proppant; and
(3) each
chemical constituent at its maximum concentration in the hydraulic fracturing
fluid and its CAS number.
(c) Disclosures not required. No operator
shall be required to disclose any chemical constituent that meets any of the
following conditions:
(1) Is the incidental
result of a chemical reaction or chemical process;
(2) is a component of a naturally occurring
material and becomes part of the hydraulic fracturing fluid during the
hydraulic fracturing treatment; or
(3) is a trade secret.
(d) Trade secrets. Each operator reporting
that a chemical constituent is a trade secret shall indicate to the commission
that disclosure of the chemical constituent is being withheld pursuant to a
trade secret claimed by the operator, manufacturer, supplier, or service
company. The operator shall provide the name of the chemical family or a
similar descriptor and the name, authorized representative, mailing address,
and phone number of the party claiming the trade secret.
(e) Inaccurate or incomplete information. No
operator shall be responsible for inaccurate or incomplete information provided
by a manufacturer, supplier, or service company.
(f) Alternate disclosure mechanism. In lieu
of complying with subsection (b), the operator may submit the information
required by subsection (b) to the chemical disclosure registry. The operator
shall submit verification of prior submission to the chemical disclosure
registry as part of the completion report required by K.A.R. 82-3-130. Each
submission to the chemical disclosure registry shall also include the following
information:
(1) The operator's
name;
(2) the date on which the
hydraulic fracturing treatment began;
(3) the county in which the treated well is
located;
(4) the American petroleum
institute number for the well;
(5)
the well name and number;
(6) the
global positioning system (GPS) location of the wellhead; and
(7) the true vertical depth of the
well.
Notes
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