[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1374 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1374

   To provide for a study of the effects of hydraulic fracturing on 
                  underground drinking water sources.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2001

Mr. Bingaman (for himself and Mr. Reid) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
   To provide for a study of the effects of hydraulic fracturing on 
                  underground drinking water sources.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hydraulic Fracturing Act''.

SEC 2. HYDRAULIC FRACTURING.

    Section 1421 of the Safe Drinking Water Act (42 U.S.C. Sec. 300h) 
is amended by adding at the end the following:
    ``(e) Hydraulic Fracturing for Oil and Gas Production.--
            ``(1) Study of the effects of hydraulic fracturing.--
                    ``(A) In general.--Not later than 24 months after 
                the date of enactment of this subsection, the 
                Administration shall complete a study of the known and 
                potential effects on underground drinking water sources 
                of hydraulic fracturing, including the effects of 
                hydraulic fracturing on underground drinking water 
                sources on a nationwide basis, and within specific 
                regions, States, or portions of States.
                    ``(B) Consultation.--In planning and conducting the 
                study, the Administrator shall consult with the 
                Secretary of the Interior, the Secretary of Energy, the 
                Ground Water Protection Council, affected States, and, 
                as appropriate, representatives of environmental, 
                industry, academic, scientific, public health, and 
                other relevant organizations. Such study may be 
                accomplished in conjunction with other ongoing studies 
                related to the effects of oil and gas production on 
                groundwater resources.
                    ``(C) Study elements.--The study conducted under 
                subparagraph (A) shall, at a minimum, examine and make 
                findings as to whether--
                            ``(i) such hydraulic fracturing has, or 
                        will, endanger (as defined under subsection 
                        (d)(2)) underground drinking water sources, 
                        including those sources within specific 
                        regions, States or portions of States;
                            ``(ii) there are specific methods, 
                        practices, or hydrogeologic circumstances in 
                        which hydraulic fracturing has, or will, 
                        endanger underground drinking water sources; 
                        and
                            ``(iii) whether there are any precautionary 
                        actions that may reduce or eliminate any such 
                        endangerment.
            ``(2) Independent scientific review.--
                    ``(A) In general.--Not later than 2 months after 
                the study under paragraph (1) is completed, the 
                Administrator shall enter into an appropriate agreement 
                with the National Academy of Sciences to have the 
                Academy review the conclusions of the study.
                    ``(B) Report.--Not later than 9 months after 
                entering into an appropriate agreement with the 
                Administrator, the National Academy of Sciences shall 
                report to the Administrator, and the Committee on 
                Energy and Commerce of the House of Representatives and 
                the Committee on Environment and Public Works of the 
                Senate, on the--
                            ``(i) findings related to the study 
                        conducted by the Administrator under paragraph 
                        (1); and
                            ``(ii) recommendations, if any, for 
                        modifying the findings of the study.
            ``(3) Regulatory determination.--
                    ``(A) In general.--Not later than 6 months after 
                receiving the National Academy of Sciences report under 
                paragraph (2), the Administrator shall determine, after 
                informal public hearings and public notice and 
                opportunity for comment, and based on information 
                developed or accumulated in connection with the study 
                required under paragraph (1) and the National Academy 
                of Sciences report under paragraph (2), either:
                            ``(i) that regulation of hydraulic 
                        fracturing under this part is necessary to 
                        ensure that underground sources of drinking 
                        water will not be endangered on a nationwide 
                        basis, or within a specific region, State or 
                        portions of a State; or
                            ``(ii) that regulation described under 
                        clause (i) is unnecessary.
                    ``(B) Publication of Determination.--The 
                Administrator shall publish the determination in the 
                Federal Register, accompanied by an explanation and the 
                reasons for it.
            ``(4) Promulgation of regulations.--
                    ``(A) Regulation necessary.--If the Administrator 
                determines under paragraph (3) that regulation of 
                hydraulic fracturing under this part is necessary to 
                ensure that hydraulic fracturing does not endanger 
                underground drinking water sources on a nationwide 
                basis, or within a specific region, State or portions 
                of a State, the Administrator shall, within 6 months 
                after the issuance of that determination, and after 
                public notice and opportunity for comment, promulgate 
                regulations under section 1421 (42 U.S.C. Sec. 300h) to 
                ensure that hydraulic fracturing will not endanger such 
                underground sources of drinking water.
                    ``(B) Regulation unnecessary.--The Administrator 
                shall not promulgate regulations for hydraulic 
                fracturing under this part unless the Administrator 
                determines under paragraph (3) that such regulations 
                are necessary.
                    ``(C) Existing regulations.--A determination by the 
                Administrator under paragraph (3) that regulation is 
                unnecessary will relieve States from any further 
                obligation to regulate hydraulic fracturing as an 
                underground injection under this part.
            ``(5) Definition of hydraulic fracturing.--For purposes of 
        this subsection, the term `hydraulic fracturing' means the 
        process of creating a fracture in a reservoir rock, and 
        injecting fluids and propping agents, for the purposes of 
        reservoir stimulation related to oil and gas production 
        activities.
            ``(6) Savings.--Nothing in this subsection shall in any way 
        limit the authorities of the Administrator under section 1431 
        (42 U.S.C. 300i).''.
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