SB 660 — 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.

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
 1   Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated
 2      Statutes, in development, further providing for definitions,
 3      for well reporting requirements and for hydraulic fracturing
 4      chemical disclosure requirements.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Section 3203 of Title 58 of the Pennsylvania
 8   Consolidated Statutes is amended by adding definitions to read:
 9   § 3203.    Definitions.
10      The following words and phrases when used in this chapter
11   shall have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      * * *
14      "Manufacturer."    A person that makes, assembles or otherwise
15   generates a chemical product or whose trade name is affixed to a
16   chemical product.
17      * * *
18      "PFAS chemicals."      Perfluoroalkyl and polyfluoroalkyl
19   substances, which are a class of fluorinated organic chemicals
 1   containing at least one fully fluorinated carbon atom.
 2      * * *
 3      Section 2.       Section 3222(b.2) of Title 58 is amended and
 4   subsection (b.1)(1) is amended by adding a subparagraph to read:
 5   § 3222.    Well reporting requirements.
 6      * * *
 7      (b.1)    Report contents.--
 8             (1)   The completion report shall contain the operator's
 9      stimulation record. The stimulation record shall include all
10      of the following:
11                   * * *
12                   (ix)    A written declaration to the department that
13             the chemical product contains no intentionally added PFAS
14             chemicals.
15             * * *
16      (b.2)    Trade secret or confidential proprietary
17   information.--
18             (1)     When an operator submits its stimulation record
19      under subsection (b.1), the operator may designate specific
20      portions of the stimulation record as containing a trade
21      secret or confidential proprietary information. The
22      department shall prevent disclosure of a designated trade
23      secret or confidential proprietary information to the extent
24      permitted by the act of February 14, 2008 (P.L.6, No.3),
25      known as the Right-to-Know Law, or other applicable State
26      law.
27             (2)   On or after July 31, 2025, when an operator is
28      unable to disclose the information required in the
29      stimulation record under subsection (b.1) because disclosure
30      of a chemical product was not furnished by a manufacturer

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 1      under section 3222.1(d) (relating to hydraulic fracturing
 2      chemical disclosure requirements), the operator shall include
 3      in the stimulation record all of the following:
 4                  (i)    The name of the manufacturer of the chemical
 5            product.
 6                  (ii)    The trade name of the chemical product.
 7                  (iii)    The amount or weight of the chemical product.
 8                  (iv)    A safety data sheet for the chemical product,
 9            if a safety data sheet is available for disclosure by the
10            operator.
11      * * *
12      Section 3.        Section 3222.1(b)(2), (10) introductory paragraph
13   and (11), (c)(1) and (d) of Title 58 are amended, subsection (b)
14   is amended by adding a paragraph and the section is amended by
15   adding a subsection to read:
16   § 3222.1.      Hydraulic fracturing chemical disclosure
17                  requirements.
18      * * *
19      (b)   Required disclosures.--
20            * * *
21            (1.1)    Except as provided in subsection (d), on or after
22      July 31, 2025, a manufacturer shall furnish the information
23      required under paragraph (2) to a service provider, vendor or
24      operator for a chemical product used in hydraulic fracturing,
25      at the time of sale, or the department, upon request.
26            (2)    Within 60 days following the conclusion of hydraulic
27      fracturing, the operator of the well shall complete the
28      chemical disclosure registry form and post the form on the
29      chemical disclosure registry in accordance with regulations
30      promulgated under this chapter in a format that does not link

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 1    chemicals to their respective hydraulic fracturing additive.
 2    When an operator is unable to complete the disclosure
 3    registry form and post the information required for the
 4    registry because disclosure of a chemical product was not
 5    furnished by a manufacturer under subsection (d), the
 6    operator shall complete the chemical disclosure registry with
 7    all of the following:
 8               (i)    The name of the manufacturer of the chemical
 9        product.
10               (ii)    The trade name of the chemical product.
11               (iii)    The amount or weight of the chemical product.
12               (iv)    A safety data sheet for the chemical product,
13        if a safety data sheet is available for disclosure by the
14        operator.
15        * * *
16        (10)    A vendor, service company [or], operator or
17    manufacturer shall identify the specific identity and amount
18    of any chemicals claimed to be a trade secret or confidential
19    proprietary information to any health professional who
20    requests the information in writing if the health
21    professional executes a confidentiality agreement and
22    provides a written statement of need for the information
23    indicating all of the following:
24               * * *
25        (11)    If a health professional determines that a medical
26    emergency exists and the specific identity and amount of any
27    chemicals claimed to be a trade secret or confidential
28    proprietary information are necessary for emergency
29    treatment, the vendor, service provider [or], operator or
30    manufacturer shall immediately disclose the information to

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 1      the health professional upon a verbal acknowledgment by the
 2      health professional that the information may not be used for
 3      purposes other than the health needs asserted and that the
 4      health professional shall maintain the information as
 5      confidential. The vendor, service provider [or], operator or
 6      manufacturer may request, and the health professional shall
 7      provide upon request, a written statement of need and a
 8      confidentiality agreement from the health professional as
 9      soon as circumstances permit, in conformance with regulations
10      promulgated under this chapter.
11      (b.1)   Declaration required.--A written declaration that the
12   chemical product contains no intentionally added PFAS chemicals
13   shall be furnished by the following:
14            (1)   A service provider that performs any part of a
15      hydraulic fracturing treatment and a vendor that provides
16      hydraulic fracturing additives directly to the operator for a
17      hydraulic fracturing treatment, at the time of sale of the
18      service or chemical product, to the operator.
19            (2)   A manufacturer that sells or distributes a chemical
20      product for use in a hydraulic fracturing treatment, at the
21      time of sale or distribution, to a service provider, vendor
22      or operator, or the department, upon request.
23      (c)   Disclosures not required.--Notwithstanding any other
24   provision of this chapter, a vendor, service provider or
25   operator shall not be required to do any of the following:
26            (1)   Disclose chemicals that are not disclosed to it by
27      the manufacturer, vendor or service provider[.], except that
28      any chemical not disclosed by the manufacturer under
29      subsection (d) shall require disclosure by the vendor,
30      service provider or operator, of all of the following:

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 1                  (i)    The name of the manufacturer of the chemical
 2            product.
 3                  (ii)    The trade name of the chemical product.
 4                  (iii)    The amount or weight of the chemical product.
 5                  (iv)    A safety data sheet for the chemical product,
 6            if a safety data sheet is available for disclosure by the
 7            vendor, service provider or operator.
 8            * * *
 9      (d)   Trade secrets and confidential proprietary
10   information.--
11            (1)   Notwithstanding any other provision of this chapter,
12      a vendor, service company or operator shall not be required
13      to disclose trade secrets or confidential proprietary
14      information to the chemical disclosure registry.
15            (1.1)   Notwithstanding any other provision of this
16      chapter, a manufacturer shall not be required to disclose
17      trade secrets or confidential proprietary information to the
18      chemical disclosure registry.
19            (2)   The following shall apply to trade secrets or
20      confidential proprietary information under paragraphs (1) and
21      (1.1):
22                  (i)    If the specific identity of a chemical, the
23            concentration of a chemical or both the specific identity
24            and concentration of a chemical are claimed to be a trade
25            secret or confidential proprietary information, the
26            vendor, service provider or operator may withhold the
27            specific identity, the concentration, or both the
28            specific identity and concentration, of the chemical from
29            the information provided to the chemical disclosure
30            registry.

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 1             (i.1)    If the specific identity of a chemical, the
 2        concentration of a chemical or both the specific identity
 3        and concentration of a chemical are claimed to be a trade
 4        secret or confidential proprietary information of the
 5        manufacturer, the manufacturer may withhold the specific
 6        identity, the concentration or both the specific identity
 7        and concentration of the chemical, from the information
 8        provided to the chemical disclosure registry if the
 9        manufacturer provides the department with a written
10        declaration of entitlement of nondisclosure, that at a
11        minimum includes for each declared chemical product:
12                    (A)   The name of each chemical used in the
13             chemical product.
14                    (B)   The chemical abstract service number of each
15             chemical used in the chemical product.
16             (ii)    Nothing under this paragraph shall prohibit any
17        of the following from obtaining from a vendor, service
18        provider or operator information that may be needed to
19        respond to a spill or release:
20                    (A)   The department.
21                    (B)   A public health official.
22                    (C)   An emergency manager.
23                    (D)   A responder to a spill, release or a
24             complaint from a person who may have been directly
25             and adversely affected or aggrieved by the spill or
26             release.
27             (iii)    Upon receipt of a written statement of need
28        for the information under subparagraph (ii), the
29        information shall be disclosed by the vendor, service
30        provider [or], operator or manufacturer to the requesting

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1         official or entity authorized under subparagraph (ii) and
2         shall not be a public record.
3     * * *
4     Section 4.    This act shall take effect in 60 days.




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