Montana environmental group wants info on fracking chemicals

The Montana Environmental Information Center (MEIC), along with the Natural Resource Defense Council (NRDC), filed a petition this week before the Montana Board of Oil and Gas Conservation seeking to improve public disclosure related to hydraulic fracturing.

Currently, Montana’s hydraulic fracturing laws allow companies to disclose the types of chemicals used to landowners only after fracking has taken place. MEIC argues this creates a loophole. MEIC staff attorney Derf Johnson explained that the state’s trade secret exemption lets companies claim their chemicals are proprietary, preventing neighbors from knowing what chemicals are being used nearby. This is concerning because many fracking chemicals can be hazardous to humans and livestock.

Johnson emphasized the importance of transparency: “It’s only fair that if you live next to an operator using these chemicals, you know the specific constituents they’re using. This protects your family, water, and business.” He also noted that Montana’s Board of Oil and Gas currently lacks an independent third party to verify the safety of chemicals used.

The petition proposes that landowners be informed in advance about the chemicals intended for use and be able to test for those chemicals to ensure water safety throughout the process. MEIC and NRDC want disclosure policies similar to Wyoming’s, seeking stronger oversight.

However, the Montana Petroleum Association strongly opposes the petition. Executive Director Alan Olson said, “We feel the information the public needs is readily available.” Under current rules, if there’s an incident, proprietary chemical information is provided to Oil and Gas Conservation staff and any medical providers who need it. Olson stressed that chemical formulas are trade secrets but said the Board can request information if contamination is suspected. The current rules were established in 2011 and, according to Olson, are sufficient and were developed through a public process.

The Board of Oil and Gas Conservation has 60 days to respond to the petition. They will either schedule a hearing and open the matter to public comment or dismiss the petition, maintaining that existing rules adequately protect public safety.