(The following is a reformatted version of a press release issued by The Harvard Environmental Policy Initiative and received via electronic mail. The release was confirmed by the sender.) NEW STUDY DETAILS SERIOUS FLAWS IN RELIANCE ON WEBSITE USED FOR VOLUNTARY DISCLOSURE OF HYDRAULIC FRACTURING CHEMICALS Reliance on FracFocus as a Regulatory Compliance Tool Is Misplaced or Premature April 23, 2013 - A new study by the Harvard Environmental Law Program’s Policy Initiative reveals serious deficiencies in the disclosure practices of FracFocus, a widely-used website that allows companies to voluntarily disclose the hydraulic fracturing chemicals they use in the process of natural gas drilling known as “fracking.” Currently, 18 states require some amount of fracturing chemicals disclosure. Of those, 11 direct or allow companies to report chemical use on FracFocus. The report found that the dependence on FracFocus as a regulatory compliance tool is misplaced or premature. The report, titled “Legal Fractures in Chemical Disclosure Laws,” details numerous areas of public disclosure deficiencies from relying on FracFocus. These include: · A lack of transparency about when disclosures are filed, allowing for late disclosures without penalties; · An impenetrable interface that prevents users from accessing more than one disclosure form (PDF) at a time, thereby virtually eliminating any real search functionality; · A lack of state-specific disclosure forms, leaving it to companies to determine how to account for individual state reporting requirements; · No review of disclosures by FracFocus and rare pass-through of disclosure filings to states (a review found that 29% of the chemical identification numbers (CAS) reported at Texas wells in July 2012 did not exist); and, · An overly broad trade secret regime giving companies sole discretion to determine when to assert trade secrets. “In many instances, states have written tough disclosure requirements, backed by robust public information laws,” said Kate Konschnik, Policy Director of the Harvard Environmental Law Program. “However, when those same states direct companies to report to FracFocus, they give up a lot of oversight authority. Meanwhile, the public’s ability to seek additional information or challenge trade secret claims is lost when an agency is not in possession of the disclosures.” As its name suggests, hydraulic fracturing involves injecting a large volume of fluid (usually water-based) into a well at high pressure, to fracture rock. The practice is used to extract oil and gas from large shale formations across the United States. Chemicals represent a small fraction of the fracturing fluid; however, given that millions of gallons of fracturing fluid may be injected into each well, the fluid may contain thousands of gallons of chemicals. FracFocus was created two years ago this April in response to public concerns about the chemicals used in the hydraulic fracturing process. Industry worked with the Interstate Oil and Gas Compact Commission and the Groundwater Protection Council to create the voluntary registry. However, FracFocus is not a regulatory body, nor does it verify the information submitted by producers and suppliers. The report concludes that relying on FracFocus as a de facto regulatory practice is premature and does not serve the interests of the public. “The reliance by states on FracFocus to provide regulatory accountability is simply misplaced,” said Konschnik. “Until significant changes are made, FracFocus remains little more than a repository for disclosure forms and lacks the necessary technical capacity and regulatory mandate to effectively provide the sort of oversight demanded by most states.” The Harvard Environmental Policy Initiative works to produce more effective energy and environmental policy. We identify regulatory gaps and implementation failures. Then, we propose solutions and support informed energy and environmental decision-making with policy-relevant products. Contact: Kate Konschnik Tel.: 617-495-5704 Cell: 240-533-4332 Email: email@example.com (bjh) NY #<873920.660622.214.171.124.0.76>#
HARVARD ISSUES STUDY ON DISCLOSURE PRACTICES OF FRACFOCUS
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