An Act amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes, in development, further providing for definitions, for well reporting requirements and for hydraulic fracturing chemical disclosure requirements.

PRINTER'S NO. 699
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 660
Session of
2025
INTRODUCED BY MUTH, FONTANA, KEARNEY, HUGHES, COMITTA, HAYWOOD
AND SAVAL, APRIL 28, 2025
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 28, 2025
AN ACT
Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated
Statutes, in development, further providing for definitions,
for well reporting requirements and for hydraulic fracturing
chemical disclosure requirements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3203 of Title 58 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 3203. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Manufacturer." A person that makes, assembles or otherwise
generates a chemical product or whose trade name is affixed to a
chemical product.
* * *
"PFAS chemicals." Perfluoroalkyl and polyfluoroalkyl
substances, which are a class of fluorinated organic chemicals
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containing at least one fully fluorinated carbon atom.
* * *
Section 2. Section 3222(b.2) of Title 58 is amended and
subsection (b.1)(1) is amended by adding a subparagraph to read:
§ 3222. Well reporting requirements.
* * *
(b.1) Report contents.--
(1) The completion report shall contain the operator's
stimulation record. The stimulation record shall include all
of the following:
* * *
(ix) A written declaration to the department that
the chemical product contains no intentionally added PFAS
chemicals.
* * *
(b.2) Trade secret or confidential proprietary
information.--
(1) When an operator submits its stimulation record
under subsection (b.1), the operator may designate specific
portions of the stimulation record as containing a trade
secret or confidential proprietary information. The
department shall prevent disclosure of a designated trade
secret or confidential proprietary information to the extent
permitted by the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law, or other applicable State
law.
(2) On or after July 31, 2025, when an operator is
unable to disclose the information required in the
stimulation record under subsection (b.1) because disclosure
of a chemical product was not furnished by a manufacturer
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under section 3222.1(d) (relating to hydraulic fracturing
chemical disclosure requirements), the operator shall include
in the stimulation record all of the following:
(i) The name of the manufacturer of the chemical
product.
(ii) The trade name of the chemical product.
(iii) The amount or weight of the chemical product.
(iv) A safety data sheet for the chemical product,
if a safety data sheet is available for disclosure by the
operator.
* * *
Section 3. Section 3222.1(b)(2), (10) introductory paragraph
and (11), (c)(1) and (d) of Title 58 are amended, subsection (b)
is amended by adding a paragraph and the section is amended by
adding a subsection to read:
§ 3222.1. Hydraulic fracturing chemical disclosure
requirements.
* * *
(b) Required disclosures.--
* * *
(1.1) Except as provided in subsection (d), on or after
July 31, 2025, a manufacturer shall furnish the information
required under paragraph (2) to a service provider, vendor or
operator for a chemical product used in hydraulic fracturing,
at the time of sale, or the department, upon request.
(2) Within 60 days following the conclusion of hydraulic
fracturing, the operator of the well shall complete the
chemical disclosure registry form and post the form on the
chemical disclosure registry in accordance with regulations
promulgated under this chapter in a format that does not link
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chemicals to their respective hydraulic fracturing additive.
When an operator is unable to complete the disclosure
registry form and post the information required for the
registry because disclosure of a chemical product was not
furnished by a manufacturer under subsection (d), the
operator shall complete the chemical disclosure registry with
all of the following:
(i) T he name of the manufacturer of the chemical
product.
(ii) The trade name of the chemical product.
(iii) The amount or weight of the chemical product.
(iv) A safety data sheet for the chemical product,
if a safety data sheet is available for disclosure by the
operator.
* * *
(10) A vendor, service company [or], operator or
manufacturer shall identify the specific identity and amount
of any chemicals claimed to be a trade secret or confidential
proprietary information to any health professional who
requests the information in writing if the health
professional executes a confidentiality agreement and
provides a written statement of need for the information
indicating all of the following:
* * *
(11) If a health professional determines that a medical
emergency exists and the specific identity and amount of any
chemicals claimed to be a trade secret or confidential
proprietary information are necessary for emergency
treatment, the vendor, service provider [or], operator or
manufacturer shall immediately disclose the information to
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the health professional upon a verbal acknowledgment by the
health professional that the information may not be used for
purposes other than the health needs asserted and that the
health professional shall maintain the information as
confidential. The vendor, service provider [or], operator or
manufacturer may request, and the health professional shall
provide upon request, a written statement of need and a
confidentiality agreement from the health professional as
soon as circumstances permit, in conformance with regulations
promulgated under this chapter.
(b.1) Declaration required.--A written declaration that the
chemical product contains no intentionally added PFAS chemicals
shall be furnished by the following:
(1) A service provider that performs any part of a
hydraulic fracturing treatment and a vendor that provides
hydraulic fracturing additives directly to the operator for a
hydraulic fracturing treatment, at the time of sale of the
service or chemical product, to the operator.
(2) A manufacturer that sells or distributes a chemical
product for use in a hydraulic fracturing treatment, at the
time of sale or distribution, to a service provider, vendor
or operator, or the department, upon request.
(c) Disclosures not required.--Notwithstanding any other
provision of this chapter, a vendor, service provider or
operator shall not be required to do any of the following:
(1) Disclose chemicals that are not disclosed to it by
the manufacturer, vendor or service provider[.], except that
any chemical not disclosed by the manufacturer under
subsection (d) shall require disclosure by the vendor,
service provider or operator, of all of the following:
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(i) T he name of the manufacturer of the chemical
product.
(ii) The trade name of the chemical product.
(iii) The amount or weight of the chemical product.
(iv) A safety data sheet for the chemical product,
if a safety data sheet is available for disclosure by the
vendor, service provider or operator.
* * *
(d) Trade secrets and confidential proprietary
information.--
(1) Notwithstanding any other provision of this chapter,
a vendor, service company or operator shall not be required
to disclose trade secrets or confidential proprietary
information to the chemical disclosure registry.
(1.1) Notwithstanding any other provision of this
chapter, a manufacturer shall not be required to disclose
trade secrets or confidential proprietary information to the
chemical disclosure registry.
(2) The following shall apply to trade secrets or
confidential proprietary information under paragraphs (1) and
(1.1):
(i) 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 a trade
secret or confidential proprietary information, the
vendor, service provider or operator may withhold the
specific identity, the concentration, or both the
specific identity and concentration, of the chemical from
the information provided to the chemical disclosure
registry.
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(i.1) 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 a trade
secret or confidential proprietary information of the
manufacturer, the manufacturer may withhold the specific
identity, the concentration or both the specific identity
and concentration of the chemical, from the information
provided to the chemical disclosure registry if the
manufacturer provides the department with a written
declaration of entitlement of nondisclosure, that at a
minimum includes for each declared chemical product:
(A) T he name of each chemical used in the
chemical product.
(B) The chemical abstract service number of each
chemical used in the chemical product.
(ii) Nothing under this paragraph shall prohibit any
of the following from obtaining from a vendor, service
provider or operator information that may be needed to
respond to a spill or release:
(A) The department.
(B) A public health official.
(C) An emergency manager.
(D) A responder to a spill, release or a
complaint from a person who may have been directly
and adversely affected or aggrieved by the spill or
release.
(iii) Upon receipt of a written statement of need
for the information under subparagraph (ii), the
information shall be disclosed by the vendor, service
provider [or], operator or manufacturer to the requesting
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official or entity authorized under subparagraph (ii) and
shall not be a public record.
* * *
Section 4. This act shall take effect in 60 days.
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