Statutes, codes, and regulations
Colorado Administrative Code
Department 400 - Department of Natural ResourcesDivision 404 - Oil and Gas Conservation Commission
Rule 2 CCR 404-1 - PRACTICE AND PROCEDURE
Section 2 CCR 404-1-208 - CHEMICAL DISCLOSURE

2 Colo. Code Regs. § 404-1-208

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Current through Register Vol. 47, No. 20, October 25, 2024
Section 2 CCR 404-1-208 - CHEMICAL DISCLOSURE
a. Upon request by the Director, the Commission, a Relevant Local Government, Governmental Agency, an emergency responder, or a health professional, the Operator, vendor, or service provider will provide a list of the chemical constituents, including the specific identity and concentration of each constituent, contained in a Chemical Product.
(1) Such request may be made as a result of a spill or release, a complaint from a potentially adversely Affected Person, or when necessary to protect and minimize adverse impacts to public health, safety, welfare, the environment, and wildlife resources.
(2) Disclosure of the Chemical constituents contained in a Chemical Product will only be made to a health professional when requested for the purpose of diagnosis or treatment of an individual who may have been exposed to a Chemical used at an Oil and Gas Location.
b.Trade Secret Chemical Product. The Operator, vendor, or service provider will submit a Form 41, Trade Secret Claim of Entitlement to designate the information provided under Rule 208.a as a Trade Secret Chemical Product. Upon the Director's approval of the Trade Secret Chemical Product designation, the information will be considered confidential pursuant to § 24-72-204(3)(a)(IV), C.R.S., and will be exempt from disclosure on the Chemical Disclosure Registry form.
(1) The Form 41 will include the following contact information: claimant's name, authorized representative, mailing address, and phone number with respect to trade secret claims. If such contact information changes, the claimant will immediately submit a new Form 41 to the Commission with updated information.
(2) If the Director denies the Form 41, the Director will immediately notify and confer with the Operator, vendor, or service provider that submitted the Form 41 regarding the designation before requiring the information to be disclosed pursuant to Rule 208.c.
c.Hydraulic Fracturing Chemical Disclosure.
(1)Vendor and Service Provider Disclosures. A service provider who performs any part of a Hydraulic Fracturing Treatment and a vendor who provides Hydraulic Fracturing Additives directly to the Operator for a Hydraulic Fracturing Treatment will, with the exception of information approved as a Trade Secret Chemical Product pursuant to Rule 208.b, furnish the Operator with any information needed for the Operator to complete the Chemical Disclosure Registry form and post the form on the Chemical Disclosure Registry. The information will be provided as soon as possible within 30 days following the conclusion of the Hydraulic Fracturing Treatment and in no case later than 90 days after the commencement of such Hydraulic Fracturing Treatment.
(2)Operator Disclosures. Within 60 days following the conclusion of a Hydraulic Fracturing Treatment and in no case later than 120 days after the commencement of such Hydraulic Fracturing Treatment, the Operator of the Well will complete the Chemical Disclosure Registry form and post the form on the Chemical Disclosure Registry, including:
A. The Operator name;
B. The date of the Hydraulic Fracturing Treatment;
C. The county in which the Well is located;
D. The API number for the Well;
E. The Well name and number;
F. The longitude and latitude of the wellhead;
G. The true vertical depth of the Well;
H. The total volume of water used in the Hydraulic Fracturing Treatment of the Well or the type and total volume of the base fluid used in the Hydraulic Fracturing Treatment, if something other than water;
I. Each Hydraulic Fracturing Additive used in the Hydraulic Fracturing Fluid and the trade name, vendor, and a brief descriptor of the intended use or function of each Hydraulic Fracturing Additive in the Hydraulic Fracturing Fluid;
J. Each Chemical intentionally added to the Base Fluid;
K. The maximum concentration, in percent by mass, of each Chemical intentionally added to the Base Fluid; and
L. The Chemical Abstract Service number for each Chemical intentionally added to the Base Fluid, if applicable.
(3)Ability to Search for Information. The Chemical Disclosure Registry will allow the Director and the public to search and sort the registry for Colorado information by geographic area, ingredient, Chemical Abstract Service Number, time period, and Operator.

2 CCR 404-1-208

37 CR 16, August 25, 2014, effective 9/30/2014
38 CR 01, January 10, 2015, effective 2/14/2015
38 CR 03, February 10, 2015, effective 3/2/2015
38 CR 07, April 10, 2015, effective 4/30/2015
38 CR 16, August 25, 2015, effective 9/14/2015
39 CR 04, February 25, 2016, effective 3/16/2016
41 CR 05, March 10, 2018, effective 4/1/2018
41 CR 06, March 25, 2018, effective 5/1/2018
41 CR 23, December 10, 2018, effective 12/30/2018
42 CR 02, January 25, 2019, effective 2/14/2019
42 CR 17, September 10, 2019, effective 9/30/2019
42 CR 24, December 25, 2019, effective 1/14/2020
43 CR 17, September 10, 2020, effective 9/30/2020
43 CR 13, July 10, 2020, effective 11/2/2020
43 CR 24, December 25, 2020, effective 1/15/2021
45 CR 07, April 10, 2022, effective 4/30/2022
45 CR 09, May 10, 2022, effective 5/30/2022
45 CR 13, July 10, 2022, effective 7/30/2022