In that context, Colorado has done something truly groundbreaking. It’s now the first state in the country to mandate that oil and gas operators disclose which chemicals they’re using during drilling and extraction. Recent enforcement indicates widespread corporate failure to comply with these regulations. This has exceedingly dangerous implications for public health and environmental safety. As it stands today, over 60% of the fracking sites in the state have not submitted the necessary chemical disclosures. These transparency laws were only implemented in July 2023.
Operators are now required to provide a list of chemicals 30 days in advance of selling, distributing, or using any chemical product. This rule deserves applause for protecting communities’ right to know what dangerous chemicals are endangering their health and environment. Yet even after all these efforts, the state has faced some very disturbing numbers related to compliance.
Just since July 2023, 31 different operators have performed fracking activities in the state of Colorado. So far, that’s only been the case for 11 of those operators, information ECMC has made available through its own voluntary trade secret registry. Alarmingly, 675 of those 1,114 fracking sites lack any disclosure of the chemicals they injected. This is an enormous step backwards for transparency and public safety.
In response to these issues, state representative Meg Froelich, who co-sponsored the 2022 legislation aimed at increasing transparency in chemical use, has expressed frustration at the slow enforcement pace. She noted that the law is intended to break the culture of secrecy that surrounds toxic chemicals used in oil and gas extraction. Yet, non-compliance remains a persistent hurdle.
“We thought that the Colorado law was going to break through the culture of secrecy that surrounds the use of potentially toxic chemicals in oil and gas production,” – Dusty Horwitt
That would be confusing enough, but adding to the mix is Colorado’s new ban on PFAS, or “forever chemicals.” This prohibition on their use within oil and gas products goes into effect in 2023. A 2022 report found that PFAS had been used for fracking in at least 288 wells in Colorado.
Despite the stringent regulations, ECMC has not created a publicly accessible website for chemical disclosures until December 2024, following a public records request. This unexplained delay only deepens concerns about the agency’s commitment to transparency. The commission has the power to levy financial penalties for failure to comply with the law established in 2022. The maximum fines for these violations are $200 to $15,000 per day. Increased penalties under the non-compliant companies would be subject to fines over $37 million. This amount is enough to cover the annual salaries of well over 500 of Colorado’s teachers.
Even with new regulations, the enforcement of those rules would likely be challenging. Kristin Kemp, spokesperson for ECMC, agreed.
“We’ve implemented 17 mission-changing rule-makings in the past five years, which is an unprecedented degree of change in our agency’s 74-year history,” – Kristin Kemp
Because of the federal agency’s failure to comply, community members and activists have raised the alarm. Carol Hawkins, a community member living close to fracking sites, spoke to the known dangers of the use of undisclosed chemicals.
“We’ve rushed by these well pads on our way to work or to go up to the mountains or whatever it is we’re doing,” – Carol Hawkins
She emphasized the fact that so many residents are still completely oblivious to the harmful, toxic chemicals spewed from these sites.
“And we don’t even realize the toxins pouring off those sites, because it’s invisible to the naked eye,” – Carol Hawkins
In fact, industry critics charge that the continued secrecy about chemical use threatens the health of the American public. As one health expert put it, “Having a comprehensive list of these chemicals is very, very important. Without it, collecting detailed medical histories from impacted individuals is an uphill battle.”
“Not seeing that full list of chemicals and understanding the full extent of that exposure really makes us unable to take a complete medical history,” – Unnamed source
The oil and gas industry has repeatedly mounted a defense of their practices. Beasley, a spokesperson for Chevron, to be clear though, the burden of disclosure.
“Manufacturers and suppliers of [trade secret] chemicals are ultimately responsible for whether their formulations are disclosed – not operators,” – Beasley
She was candid about her frustration with the ease at which companies were able to sidestep compliance requirements.
“You put in the elbow grease, and you deploy community and advocates against a pretty powerful lobby,” – Meg Froelich
The stakes go beyond regulatory compliance. They address fundamental equity issues in environmental justice communities that suffer the effects of increased pollution and threats to community health. The number of chemicals hidden this way is mind-numbing. Between 2014 and 2021, more than 7 billion pounds of undisclosed chemicals have been injected into wells across the country.
“It doesn’t feel good when they’re so easily able to just do whatever they want anyway,” – Meg Froelich
Colorado continues to lead the nation with the most ambitious regulations in the country to increase oil and gas industry transparency. To truly succeed though, we need to guarantee aggressive implementation of these new rules. The state’s capacity to protect its communities depends to a large extent on the operators. Their dedication to meeting their new, expanded obligations under the law is key.
As Colorado moves forward with its ambitious regulations aimed at increasing transparency in the oil and gas industry, the need for rigorous enforcement remains critical. The state’s ability to protect its communities will depend heavily on how seriously operators take their responsibilities under the new law.
“This just kind of proves that you need to be transparent about what you’re putting in those wells,” – Stickley