SB245 S ENERGY, INDUSTRY AND MINING AM #1

Burrell 4483

    The Committee on Energy, Industry, and Mining moved to amend the bill on page two, section one, line four, after the word “authorized” by striking out the period and adding the following: with the following amendments:

    On page two, after subsection 2.12, by inserting a new subsection, designated subsection 2.13, to read as follows:

    2.13. “Health care professional” means a physician, physician assistant, nurse practitioner, registered nurse, or emergency medical technician licensed by the State of West Virginia.;

    And renumbering the remaining subsections;

    And,

    On page twenty-three, by striking out all of subsection 10.1 and inserting in lieu thereof a new subsection, designated subsection 10.1, to read as follows:

    10.1. Well Records Made During Permitted Work - The well operator or its contractor (service provider, drilling contractor or other contractor, as appropriate) shall keep at the well location a copy of the application as permitted, including the associated plat and plans required by section 5 of this rule. The well operator or its contractor (service provider, drilling contractor or other contractor, as appropriate) shall also make and preserve at the well location accurate records of all well work performed pursuant to the permit, including documentation by the contractor or person performing the cementing services of the time of completion of cementing and the volume of cement used for the cementing of all casing operations. The records shall be complete enough to support, as applicable, the entries of well work done and related data on Form WR-35, "Well Operator's Report of Well Work," Form WR-36, "Well Operator's Report of Initial Gas-Oil Ratio Test, and Form WR-38, "Affidavit of Plugging and Filling Well," but these forms shall reflect information discovered or changes made after the permitted well work has been finished and before the reports are filed. The records made and preserved at the well location and the recordings made on Form WR-35 shall include, but not be limited to, indications of caverns, open mines or other voids, whether the freshwater casing cement circulated to the surface, and the efforts made to fill the annular space and the results. Unless the records of well work performed are prepared by the well operator or owner, a copy of all the records shall be delivered to the well owner or operator, except for those records the contractor (service provider, drilling contractor or other contractor, as appropriate) designates as a confidential trade secret.

    10.1.a. As part of the well completion report (Form WR-35), the operator or its service provider shall list all the additives used in the hydraulic fracturing or stimulation process, including each additive's specific trade name, supplier, and purpose. The operator or its service provider shall also list each chemical of each additive intentionally added to a base fluid for the purpose of preparing a fracturing fluid, along with each chemical's CAS registry number, if applicable, its maximum concentration in the additive, and its maximum concentration as added to the base fluid, and the volume of the base fluid used. The concentrations shall be expressed as a mass percent. The operator or service provider may designate the information regarding the specific identity or concentration or both of a chemical as a confidential trade secret not to be disclosed to the agency or anyone else except in the event of an investigation by the Office, medical emergency, or for diagnostic treatment purposes involving the designated chemical, pursuant to subdivisions 10.1.d and 10.1.e below.

    10.1.b. The operator or service provider shall fulfill the additive reporting requirement of subdivision 10.1.a above by submitting the information to the Office and the FracFocus Chemical Disclosure Registry.

    10.1.c. As part of the well completion report (Form WR-35), the operator shall report the volumes of fluids pumped and treatment pressures recorded throughout the hydraulic fracturing process.

    10.1.d. In the event of an investigation by the Office involving a chemical designated as a confidential trade secret, the operator or service provider shall provide the specific identity of the chemical, the concentration of the chemical, or both the specific identity and concentration of the chemical, as needed, to the agency upon receipt of notification from the Chief or his or her designee stating that such information is necessary in connection with an investigation by the Office. Upon receipt of such notification of need, such information shall be disclosed by the operator or service provider, as applicable, directly to the Chief or his or her designee and shall in no way be construed as publicly available. The Chief or designee 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 confidential trade secret to additional agency staff members to the extent that such disclosure is necessary to allow the agency staff member receiving the information to assist in such an investigation by the Office, provided that such individuals shall not disseminate the information further and such information shall at all times be considered confidential and shall not be construed as publicly available. Upon request by the operator or service provider, and where a notification of need is provided orally, the Chief shall execute a written statement of need indicating that the information was necessary in connection with an investigation by the Office.

    10.1.e. The operator or service provider shall provide the specific identity of a chemical designated as a confidential trade secret, the concentration of the chemical designated as a confidential trade secret, or both the specific identity and concentration of the chemical designated as a confidential trade secret, as needed, upon request to a health care professional in a medical emergency, or for diagnostic or treatment purposes, so long as the requesting health care professional executes a confidentiality agreement and provides a written statement of need for the information, indicating that the information is necessary for the purpose of diagnosis or treatment of an individual and that knowledge of the requested information will assist in the diagnosis or treatment of an individual. In the case of an emergency, the operator or service provider shall immediately disclose the information to the health care professional upon verbal acknowledgment by the health care professional that the information will not be used for purposes other than diagnosis or treatment and that the health care professional will maintain the information as confidential. Upon request by the operator or service provider, the health care professional shall execute a confidentiality agreement and written statement of need as provided above as soon as circumstances permit.

Adopted

Rejected