Current through September 24, 2024
The operator shall file a Well History, Work
Summary and Completion or Recompletion Report (Form CN-0221) with the
Supervisor within 60 days after completing, recompleting or working over a well
pursuant to producing oil and/or gas. Wells shall be considered completed when
they are capable of being turned into the tanks and/or gas transmission or
gathering lines. Well history information shall include the actual materials
and volumes used to fracture, the amounts and concentrations of any additives
used, the amount of wastewater generated, and the method of disposal of
wastewater, for the purpose of making this information easily available to the
public.
(1) Required disclosures. In
the case of any well fractured using a cumulative total of greater than 200,000
gallons of water-based liquids, the following shall apply:
(a) Vendor and service provider disclosures.
Service providers who perform any part of a hydraulic fracture using greater
than 200,000 gallons of water based liquids and vendors who provide hydraulic
fracturing additives directly to the operator for such a hydraulic fracture
shall, with the exception of information claimed to be a trade secret, furnish
the operator with the information required by subparagraph (b) of this
paragraph., as applicable. Such vendors and service providers shall provide
this information as soon as possible within 30 days following the conclusion of
the fracturing activity and in no case later than 90 days after the
commencement of the fracturing activity.
(b) Operator disclosures. Within 60 days
following the conclusion of a hydraulic fracture using greater than 200,000
gallons of water-based liquids, and in no case later than 120 days after the
commencement of such hydraulic fracturing activity, the operator of the well
shall complete the chemical disclosure registry form and post the form on the
chemical disclosure registry, including:
1.
the operator name;
2. the date of
the hydraulic fracture;
3. the
county in which the well is located;
4. the API number for the well;
5. the well name and number;
6. the longitude and latitude of the
wellhead;
7. the true vertical
depth of the well;
8. the total
volume of water used in the hydraulic fracturing of the well or the type and
total volume of the base fluid used in the fracturing, if something other than
water;
9. each hydraulic fracturing
additive used in the hydraulic fracturing fluid and the trade name, vendor, and
a brief descriptor of the intended use of function of each hydraulic fracturing
additive in the hydraulic fracturing fluid;
10. each chemical intentionally added to the
base fluid;
11. the maximum
concentration, in percent by mass, of each chemical intentionally added to the
base fluid; and
12. the chemical
abstract service number for each chemical intentionally added to the base
fluid, if applicable.
(c) If the vendor, service provider, or
operator claim that the specific identity of a chemical, the concentration of a
chemical, or both the specific identity and concentration of a chemical is/are
claimed to be a trade secret, the operator of the well shall so indicate on the
chemical disclosure registry form and, as applicable, the vendor, service
provider, or operator shall submit to the Supervisor a Claim of Entitlement
Form notifying the Supervisor that the specific identity of a chemical, the
concentration of a chemical, or both is being withheld as a trade secret. The
operator shall nonetheless disclose all information required under subparagraph
(b) of this rule that is not claimed to be a trade secret. If a chemical is
claimed to be a trade secret, the operator shall also include in the chemical
registry form the chemical family or other similar descriptor associated with
such chemical. .
(d) Unless the
information is entitled to protection as a trade secret, information submitted
to the Supervisor or posted to the chemical disclosure registry is public
information.
(e) Inaccuracies in
information. A vendor is not responsible for any inaccuracy in information that
is provided to the vendor by a third party manufacturer of the hydraulic
fracturing additives. A service provider is not responsible for any inaccuracy
in information that is provided to the service provider by the vendor. An
operator is not responsible for any inaccuracy in information provided to the
operator by the vendor or service provider.
(f) Disclosure to health professionals.
Vendors, service companies, and operators shall identify the specific identity
and amount of any chemicals claimed to be a trade secret to any health
professional who requests such information in writing if the health
professional provides a written statement of need for the information and
executes a confidentiality agreement. The written statement of need shall be a
statement that the health professional has a reasonable basis to believe that
(1) the information is needed for purposes of diagnosis or treatment of an
individual, (2) the individual being diagnosed or treated may have been exposed
to the chemical concerned, and (3) knowledge of the information will assist in
such diagnosis or treatment. The confidentiality agreement shall state that the
health professional shall not use the information for purposes other than the
health needs asserted in the statement of need, and that the health
professional shall otherwise maintain the information as confidential. Where a
health professional determines that a medical emergency exists and the specific
identity and amount of any chemicals claimed to be a trade secret are necessary
for emergency treatment, the vendor, service provider, or operator, as
applicable, shall immediately disclose the information to that health
professional upon a verbal acknowledgment by the health professional that such
information shall not be used for purposes other than the health needs asserted
and that that health professional shall otherwise maintain the information as
confidential. The vendor, service provider, or operator, as applicable may
request a written statement of need, and a confidentiality agreement from all
health professionals to whom information regarding the specific identity and
amount of any chemicals claimed to be a trade secret was disclosed, as soon as
circumstances permit. Information so disclosed to a health professional shall
in no way be construed as publicly available.
(2) Disclosures not required. A vendor,
service provider, or operator is not required to:
(a) disclose chemicals that are not disclosed
to it by the manufacturer, vendor, or service provider;
(b) disclose chemicals that were not
intentionally added to the hydraulic fracturing fluid; or
(c) disclose chemicals that occur
incidentally or are otherwise unintentionally present in the trace amounts, may
be the incidental result of a chemical reaction or chemical process, or may be
constituents of naturally occurring materials that become part of a hydraulic
fracturing fluid.
(3)
Trade secret protection. Vendors, service companies, and operators are not
required to disclose trade secrets to the chemical disclosure registry or in
the Well History Report. If the specific identity of a chemical, the
concentration of a chemical, or both the specific identity and concentration of
a chemical are claimed to be entitled to protection as a trade secret, the
vendor, service provider or operator may withhold the specific identity, the
concentration, or both the specific identity and concentration of the chemical,
as the case may be, from the information provided to the chemical disclosure
registry or in the Well History Report, in the manner provided by paragraph (1)
of this rule. .
(a) The vendors, service
providers, or operators, as applicable, shall provide the specific identity of
a chemical, the concentration of a chemical, or both of a chemical claimed to
be a trade secret to the Board upon request from the Supervisor stating that
such information is necessary to respond to a spill or release or a complaint
from a person who may have been directly and adversely affected or aggrieved by
such spill or release. Upon receipt of a written statement of necessity, such
information shall be disclosed by the vendor, service provider, or operator, as
applicable, directly to the Supervisor or his representative and shall in no
way be construed as publicly available.
(b) The Supervisor or his representative may
disclose information regarding the specific identity of a chemical, the
concentration of a chemical, or both the specific identity and concentration of
a chemical claimed to be a trade secret to additional Department staff members
to the extent that such disclosure is necessary to allow the Department staff
member receiving the information to assist in responding to the spill, release,
or complaint, provided that such individuals shall not disseminate the
information further. In addition, the Supervisor may disclose such information
to any Board Member, the relevant county public health director or emergency
manager, or to the Tennessee Department of Public Health or the Tennessee
Department of Environment and Conservation Directors upon request by that
individual. Any information so disclosed to the Supervisor, a Department staff
member, a Board Member, a county public health director or emergency manager,
or to the Tennessee Department of Public Health or the Tennessee Department of
Environment and Conservation Directors shall at all times be considered
confidential and shall not be construed as publicly available. The Tennessee
Department of Public Health and the Tennessee Department of Environment and
Conservation Directors, or his or her designee, may disclose such information
to their respective staff members under the same terms and conditions as apply
to the Supervisor.
(4)
Any party who is adversely affected by a claim of trade secret that the party
believes to be improper may file an action for damages pursuant to T.C.A.
§
60-1-403 or for injunctive relief
pursuant to T.C.A. §
47-25-1703(c).
Authority: T.C.A
§§
60-1-201 et seq., and 4-5-201 et
seq.
