[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2766 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2766

 To repeal the exemption for hydraulic fracturing in the Safe Drinking 
                   Water Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 2009

   Ms. DeGette (for herself, Mr. Hinchey, and Mr. Polis of Colorado) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To repeal the exemption for hydraulic fracturing in the Safe Drinking 
                   Water Act, and for other purposes.

    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 ``Fracturing Responsibility and 
Awareness of Chemicals Act of 2009''.

SEC. 2. REGULATION OF HYDRAULIC FRACTURING.

    (a) Hydraulic Fracturing.--Section 1421(d)(1) of the Safe Drinking 
Water Act (42 U.S.C. 300h(d)(1)) is amended by striking subparagraph 
(B) and inserting:
                    ``(B) includes the underground injection of fluids 
                or propping agents pursuant to hydraulic fracturing 
                operations related to oil and gas production 
                activities; but
                    ``(C) excludes the underground injection of natural 
                gas for purposes of storage.''.
    (b) Disclosure.--Section 1421(b) of the Safe Drinking Water Act (42 
U.S.C. 300h(b)) is amended as follows:
            (1) In subparagraph (C) of paragraph (1) insert before the 
        semicolon ``, including a requirement that any person using 
        hydraulic fracturing disclose to the State (or the 
        Administrator if the Administrator has primary enforcement 
        responsibility in the State) the chemical constituents (but not 
        the proprietary chemical formulas) used in the fracturing 
        process''.
            (2) Add the following new paragraph at the end thereof:
            ``(4) The State (or Administrator) shall make the 
        disclosure of chemical constituents referred to in subparagraph 
        (C) of paragraph (1) available to the public, including a 
        posting of the information on an appropriate Internet website. 
        In addition, whenever the State or the Administrator, or a 
        treating physician or nurse, determines that a medical 
        emergency exists and the proprietary chemical formulas or 
        specific chemical identity of a chemical used in hydraulic 
        fracturing is necessary for emergency or first-aid treatment, 
        the person using hydraulic fracturing shall immediately 
        disclose the proprietary chemical formulas or the specific 
        chemical identity of a trade secret chemical to the State, the 
        Administrator, or that treating physician or nurse, regardless 
        of the existence of a written statement of need or a 
        confidentiality agreement. The person using hydraulic 
        fracturing may require a written statement of need and a 
        confidentiality agreement as soon thereafter as circumstances 
        permit.''.
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