Following PSR’s Report, Colorado Governor Jared Polis signs House Bill 22-1348, the “Oversight of Chemicals Used in Oil and Gas Production” bill.
Colorado Governor Jared Polis has signed House Bill 22-1348, the “Oversight of Chemicals Used in Oil and Gas Production” bill. This pivotal legislation was borne out of PSR’s year-long investigation that demonstrated how Oil and Gas companies routinely withhold the identities of chemicals used in drilling and fracking operations from regulators and the public by claiming that the names of those chemicals are a protected trade secret.
HB 22-1348 addresses previously-existing loopholes in chemical disclosure rules, and now prevents chemical manufacturers from claiming trade secret protections for individual chemical constituents in fracking and drilling fluids. It also requires chemical manufacturers to certify with the Colorado Oil and Gas Conservation Commission (COGCC) that none of the products used in Colorado O&G operations contain long-lasting and toxic PFAS “forever chemicals.”
To access the PSR report, to see an interactive map of wells in Colorado where PFAS (“forever chemicals”) have been found, and to view a video presentation about the report from the investigators, see the link below.
Our partners and friends at the Sierra Club have issued an informative press release about the signing of the momentous bill, which you can also read below.
Sierra Club Press Release
Friday, June 17, 2022
Denver– On Wednesday, June 8th, Governor Polis signed House Bill 22-1348, the “Oversight of Chemicals Used in Oil and Gas Production”. This transformative policy was championed by Representatives Meg Froelich and Yadira Caraveo and Senator Faith Winter.
HB22-1348 improves transparency by requiring public disclosure of all chemicals used in downhole operations of oil and gas production - a first-in-the-nation achievement. It prevents chemical manufacturers from claiming trade secret protections for the individual chemicals used to make fracking and drilling fluids. And it requires those manufacturers to certify to the Colorado Oil and Gas Conservation Commission that no products used in Colorado extraction operations contain hazardous and toxic PFAS “forever chemicals.”
Research by Physicians for Social Responsibility found that Colorado, like most states, was failing to receive information about the names of chemicals used in the oil and gas industry, with more than 400 million pounds of mystery chemicals injected in the sub-surface of Colorado over a ten-year period. All three pieces of HB22-1348 dramatically improve transparency at the nexus of public health and oil and gas operations in Colorado.
“Coloradans deserve to know what chemicals oil and gas operators are putting in the ground in our communities,” said Representative Meg Froelich. “The industry will have better compliance with existing reporting requirements and will no longer be able to hide potentially dangerous chemicals from the public via a ‘trade secret’ exemption.”
“First responders and medical professionals will now have the opportunity to prepare and plan for accidents and or spills that occur at oil and gas operations. Understanding what chemicals are on site will help to ensure that first responders have adequate protective gear and that medical personnel can diagnose and treat symptoms from chemical exposure rapidly,” said Representative and Doctor Yadira Caraveo.
“Colorado is a beautiful place to live and our water resources, which are increasingly threatened by climate change, are precious,” said Senator Faith Winter. “HB22-1348 helps to protect our water from forever chemicals like ‘PFAS’ and other cancer-causing toxins. It ensures that future Coloradans will have water that is drinkable, fishable and swimmable.”
“I am grateful for the sponsors of HB22-1348 and to Governor Polis for their leadership and commitment to protecting Colorado communities from the chemicals used in fracking operations. And this victory wouldn’t have been possible without contributions from our many environmental, public health, and local government partners. From here we will work with the Colorado Oil and Gas Conservation Commission to properly implement the law and protect our communities and the environment,” said Ramesh Bhatt, Sierra Club, Colorado Chapter Conservation Chair.
