Chemical Disclosures & HB22-1348

• Disclosure of Chemical Information (Section 34-60-132 (2)(a)(I)): Manufacturers and Distributors of Chemical Products (Disclosers) must disclose to the ECMC the trade name of the Chemical Product and a list of the names and Chemical Abstracts Service (CAS) Numbers of each chemical used in the product. Even if a chemical constituent is believed to be a trade secret, it must still be disclosed.
• PFAS Declaration (Section 34-60-132 (2)(a)(II)): Disclosers must provide a written declaration to the Commission that the chemical product contains no PFAS/PFOA Chemicals.
• For disclosers that begin to sell, distribute, or use a Chemical Product for use in downhole operations in the state on or after July 31, 2023 (Section 34-60-132 (2)(b)(II)), the information and declaration required to be provided pursuant to subsection (2)(a) of this section must be provided to the Commission at least thirty days before the Discloser begins selling, distributing, or using the chemical product.

Operators are required to use the Form 46A (Chemical Product Use) to report chemical products used downhole in Colorado. Operators must provide a completed Form 46A to the ECMC within 120 days after the start of the downhole operations.

The Form 46 requires the following information to be supplied by the Discloser:

• Chemical Discloser and Contact Information.
• Trade name of the chemical product.
• Declaration if the product is claimed as a trade secret. All chemical ingredients are to be reported on the Form 46; only the exact quantities of individual chemical ingredients may be withheld.
• Declaration if the product was in use prior to 7/31/2023.
• Manufacturer information for the chemical product.
• Names of the Chemical Constituents in the product and CAS number for each Chemical Constituent.
• PFAS/PFOA Attestation: This attestation must be checked.
  • Note:  PFAS/PFOA are prohibited from use in Hydraulic Fracturing (HB22-1345)(January 1, 2024).  
• Trade Secret Claim of Entitlement (if applicable): If a trade secret claim is made, a PDF attachment with additional detail is required.

ECMC posted detailed guidance to operators regarding this form in April 2024.

The commission must post the chemical disclosure lists on a public website within 30 days after an operator makes the required disclosures . The website must be searchable by oil and gas location, well, chemical, submission/update date, operator, or county, and allow downloads in an electronic, delimited format. ECMC completed the Chemical Registry Database and released it in December 2024. 

As of 09/02/2025, ECMC reports a compliance rate of 97%. That number reflects the percentage of operators who have complied with requirements to submit Forms 46A, which is one of the administrative forms we use to capture data pertaining to HB22-1348. ECMC will continue its work to hold operators accountable to these rules so that this positive trend sustains with the ultimate goal of 100% compliance.

ECMC monitors operator compliance with HB22-1348 statewide and ECMC performs routine reviews of the submittals. Evaluating compliance with this reporting requirement is and will continue to be real-time and will change with every review conducted by staff, much like ECMC’s other compliance reviews. Operators have 120 days to submit reports after hydraulic fracturing begins, so there will always be a lag in compliance audits. 

Note: ECMC staff reported to the Commission at a July 2025 hearing that the compliance rate was 39% prior to May 2025. 

ECMC rules reflect the most protective regulations in the country. The Commission has a robust enforcement program to ensure operator compliance with rules. ECMC staff routinely monitors operator compliance with rules and holds operators accountable for alleged non-compliance.

When an operator is alleged to be non-compliant with ECMC’s regulations, ECMC has the authority to investigate, impose penalties, and issue orders.

ECMC Staff issues warning letters when there is reasonable cause to believe that a violation of any Commission rule, order, or permit has occurred. Warning letters provide the operator an opportunity to comply with the Rules. If the operator continues to be non-compliant, ECMC proceeds with its enforcement protocols and will issue a formal Notice of Alleged Violation (NOAV). The issuance of a NOAV is a legal enforcement action. The NOAV process is described in Rule 523 to 525.

In mid-July 2025, ECMC issued 12 warning letters to operators. As if September 2025, eight have been resolved and four are pending.