Pennsylvania 2025 2025-2026 Regular Session

Pennsylvania Senate Bill SB660 Introduced / Bill

                     
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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19 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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30 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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30 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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30 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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30 (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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30 (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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30 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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