[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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