1.This Act may be cited as the
Fracturing Responsibility and
Awareness of Chemicals Act of 2009
.
2.Regulation of
hydraulic fracturing
(a)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)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.
.