Commission proposes chemical disclosure

Due to nurse Cathy Behr falling gravely ill due from exposure to gas well fracturing fluid, ZetaFlow, in Mercy Regional Medical Center's emergency room, the La Plata County Commission adopted "new, proposed guidelines for the disclosure of proprietary chemicals used by gas and oil companies at well sites."

The Durango Herald:
Gas, oil companies would have to say what’s being used at sites

"(T)he planning commissioners adopted all three alternatives presented by county staff regarding disclosure of chemicals, with minor modifications to each:

• The commissioners voted 4-1 to require well operators to maintain an accurate inventory of chemicals used at well sites. Records must be kept on file for as long as a well is in operation and five years after it is closed, and must be disclosed to the county's director of community development within three days of request. Acting Chairman Travis Craig cast the dissenting vote.

In a phone interview Friday, County Manager Shawn Nau said the wording adopted by the commission closely mirrors wording currently proposed for the state's revised gas and oil regulations.

The Colorado Oil and Gas Conservation Commission rules, however, would require inventories be updated bimonthly and kept on file for only as long as a well is operated.

The commissioners voted 4-1 to require operators to disclose chemical inventories to the county even in cases when chemicals used at well sites are otherwise protected as privileged information or trade secrets under state and federal laws. The county would be responsible for safeguarding that information.

• The commissioners voted 5-0 to require operators to, upon request, immediately disclose all information pertaining to chemical spills to emergency medical professionals.

In other action Thursday, planning commissioners voted to also make the following amendments to the drafted regulations:

• Change the existing definition of a major facility to include any facility containing internal-combustion engines or motors with a cumulative horsepower of 200, de-rated for elevation.

• Extend the right to appeal proposed well sites to any neighboring landowners within a quarter mile. Currently, only surface landowners have the right to appeal.

• Give surface landowners the option of working with the county's weed control department to prohibit use of specific herbicides on their properties.

• Require surface landowners to place fences around well sites within 660 feet of schools but allow them to ask for fencing requirements to be waived for well sites near existing recreation facilities or commercial structures." Article>>>>