Legislation that would permit gas drillers to keep the contents of their hydraulic fracking fluids as trade secrets cleared the House Judiciary Committee Tuesday following an intense debate.
Supporters of the bill, including the drilling giant Halliburton who pushed for the provision, say they are trying to protect their investment.
“There’s tens of millions of dollars that goes into this technology and part of that is going to include trade secret claims that have to made to prevent competitors from reverse engineering the formulas that have to be disclosed ,” said Halliburton attorney Joe Ward.
In particular, Halliburton is trying to keep secret the ingredients of a new fracking fluid made from food additives, which the company says is environmentally friendly.
Marcellus Shale gas drillers use a mix of chemicals and water under high pressure to release natural gas from deep underground. The technology has caused a dramatic increase in the number of gas wells drilled in West Virginia
However, environmentalists and some surface owners worry about the affects of drilling, including the impact of the chemicals used in the fracking process.
“The ecological effects of this (fracking) have not been determined. The long term toxicological effects have not been determined,” said Dave McMahon, who represents surface owners in West Virginia
McMahon says surface owners and others who want to know what’s in the fracking fluid should be able to find out. Ward says, however, that the bill makes the information available if requested by the state for an investigation.
“In the event there is an emergency, even an investigation, DEP can request the information and is has to be provided on the spot,” Ward said.
The provision is part of legislation that includes a series of rules that will be used by the DEP. The legislation has cleared the Senate and is now working its way through the House.
