Utah's Mining Board Approves Fracking Rule to Set Standards for Operation

On October 24, 2012, Utah’s Oil, Gas and Mining Board approved a hydraulic fracturing rule that requires chemical disclosure and sets standards for wellbore integrity and management of flowback water and surface protection.

Effective November 1, 2012, operators must report “the amount and type of chemicals used in a hydraulic fracturing operation . . . to www.fracfocus.org within 60 days of hydraulic fracturing completion for public disclosure.” Utah Admin. Code R. 649-3-39.1. 

While this rule contains no exemption for trade secrets, Utah’s trade secrets laws may protect some of the additives used during the hydraulic fracturing process from public disclosure. 

The Utah hydraulic fracturing rule can be found at https://fs.ogm.utah.gov.

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This article was prepared by Barclay R. Nicholson (bnicholson@fulbright.com or 713 651 3662) from Fulbright's Energy Practice.