Legal Fractures in Chemical Disclosure Laws: Why the Voluntary Chemical Disclosure Registry FracFocus Fails as a Regulatory Compliance Tool says, in its summary:
In its current form, FracFocus is not an acceptable regulatory compliance method for chemical disclosures. The registry’s shortcomings – and opportunities for improvement – fall into three categories:
(2) Substance of Disclosures. FracFocus creates obstacles to compliance for reporting companies. For example, by not providing state-specific forms, FracFocus leaves companies to figure out how to account for state disclosure requirements not covered by the FracFocus form. FracFocus staff does not review submissions, and states usually do not receive the form; factors that may encourage some companies to under-value careful reporting. Meanwhile, no state sets minimum reporting standards for FracFocus. In fact, were FracFocus to disappear entirely, most states using the registry would have no backup disclosure methods readily identified and available to them.
Public confidence and the industry’s social license to operate cannot be won with the current disclosure regime. As the report says:
States and the BLM are expending valuable resources issuing hydraulic fracturing disclosure requirements. Companies are spending valuable time submitting disclosures. We should make sure these systems work.