Pennsylvania: The state Department of Environmental Protection is in the process of implementing the requirements of the new oil and gas law. As currently proposed, the regulations would require confidential disclosure to the Department of chemicals intentionally added to the stimulation fluid by name and CAS number as well as maximum concentration in the fluid. The Department anticipates that the rules will be final and effective in mid-2016.
Colorado: Several cities in the state have voted to temporarily or permanently halt drilling and/or HF within city limits, with courts invalidating all the bans after lawsuits from the Colorado Oil and Gas Association. The Colorado Oil and Gas Conservation Commission issued proposed rules in early October addressing five-year drilling plans and drilling in “urban mitigation areas” (“UMA”). The proposed UMA provisions could have some impact on HF operations, including requiring best management practices for chemical hazards and proppant dust control as well as potential restrictions for the timing of HF operations. COGCC held stakeholder meetings on October 14-16. Meanwhile, although some citizens are still attempting to get a state-wide ballot initiative to ban HF in place for November 2016, the Governor recently said that this effort is unlikely to succeed.