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Kansas Considering New Fracking Regulations Regarding Chemical Disclosure Obligations

The Kansas Corporation Commission (KCC) is evaluating whether to propose a set of new regulations that would require oil and gas companies to disclose the chemicals used in hydraulic fracturing operations.

Under the proposed regulation, operators would be required to disclose: (1) the base fluid used, including its total volume; (2) each proppant; and (3) each chemical constituent at its maximum concentration in the hydraulic fracturing fluid and its CAS number.

In lieu of disclosure to the KCC, operators could alternatively disclose the required information to the FracFocus Chemical Disclosure Registry according to the proposal. Trade secret information is exempted from disclosure under the proposed regulation with exceptions for health professionals and emergency response activities.

The KCC will be holding a public hearing on Thursday, August 15, 2013, in Wichita, Kansas.

The KCC’s website includes information on Hydraulic Fracturing Frequently Asked Questions as well as an April 2013 letter from the Kansas Geologic Survey that concludes “that there is no evidence of felt earthquake activity related to hydraulic fracturing in Kansas.”