Wyoming has the strongest disclosure to date. Their rule requires full disclosure to the state agency and the agency decides if the trade secret claim is legitimate.
So, how do you think that’s going to work for Texas?
HB 3328 cleared the house and will go to the Senate next so you better get on the phone and call your Senator now.
As the bill stands, there are many loopholes for industry to avoid disclosure. One loophole provided by Rep. Tan Parker of Flower Mound will allow the industry an exemption if the chemical is not considered hazardous under OSHA, including new chemicals. Now, I can see all kinds of opportunities in that loophole. They will be coming up with all kinds of brand new frack chemicals.
Tell your Senator Texas needs
- full public disclosure on a well by well basis before fracking begins so landowners can do baseline testing;
- Notice to landowners and water users when the disclosure information is available so they can get the baseline testing done;
- Third party challenges of trade secret claims including landowners living within one mile of the fracking operations;
- Notice of any additions or deletions after the fracking takes place; and
- A presumption that contamination of water within one mile of the well by any of the chemicals on the list was caused by the well operation, unless the operator has baseline tests taken prior to fracking that shows the existing background levels for the specific chemicals used.
And all this begs the questions: how will this be enforced? Since Texas has such a great track record with enforcement… /sarcasm.