1. No
later than 30 days following completion of the hydraulic fracture stimulation
operation, the operator shall, for purposes of disclosure, report the following
information on or with the well history and work resume report (Form WH) in
accordance with the requirements of LAC 43:XIX.105:
a. the types and volumes of the Hydraulic
Fracturing Fluid (base fluid) used during the Hydraulic Fracture Stimulation
Operation expressed in gallons; and
b. a list of all additives used during the
Hydraulic Fracture Stimulation Operation, such as acid, biocide, breaker,
corrosion inhibitor, crosslinker, demulsifier, friction reducer, gel, iron
control, oxygen scavenger, pH adjusting agent, scale inhibitor, proppant and
surfactant; and
c. for each
additive type, listed under Subparagraph b above, the specific trade name and
suppliers of all the additives utilized during the Hydraulic Fracture
Stimulation Operation; and
d. a
list of chemical ingredients contained in the hydraulic fracturing fluid that
are subject to the requirements of
29 CFR Section
1910.1200 (g)(2) and their
associated CAS numbers;
e. the
maximum ingredient concentration within the additive expressed as a percent by
mass for each chemical ingredient listed under Subparagraph d;
f. the maximum concentration of each chemical
ingredient listed under Subparagraph d, expressed as a percent by mass of the
total volume of hydraulic fracturing fluid used.
2.
a.
Notwithstanding Subparagraph d, if the specific identity of a chemical
ingredient and the chemical ingredient's associated CAS number are claimed to
be trade secret, or have been finally determined to be entitled to protection
as a trade secret under the criteria cited in
42
USC 11042(a)(2), and
specifically enumerated at
42
USC 11042(b), the entity
entitled to make such a claim may withhold the specific identity of the
chemical ingredient and the chemical ingredients associated CAS number from the
list required by Subparagraph d. If the entity entitled to make such a claim
elects to withhold that information, the report must:
i. disclose the chemical family associated
with the ingredient; and
ii.
include a statement that a claim of trade secret protection has been made by
the entity entitled to make such a claim.
iii. the contact information of the entity
claiming trade secret protection.
b. An operator will not be responsible for
reporting information that is not provided to them due to a claim of trade
secret protection by the entity entitled to make such a claim.
3. Nothing in Paragraph 2 above
shall authorize any person to withhold information which is required by state
or federal law to be provided to a health care professional, a doctor, or a
nurse.
4. The operator may furnish
a statement signifying that the required information has been submitted to the
Ground Water Protection Council Hydraulic Fracturing Chemical Registry or any
other similar registry, provided all information is accessible to the public
free of charge, to satisfy some or all of the information requirements of this
Subsection.
5. Any information
provided to the department pursuant to the provisions of this Section shall be
subject to examination and reproduction as provided by the Public Records Law,
R.S.
44:1 et seq., or any other applicable
law.
