[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1084 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1084

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2011

  Ms. DeGette (for herself, Mr. Hinchey, Mr. Polis, Mr. Ackerman, Mr. 
 Berman, Mrs. Capps, Mr. Connolly of Virginia, Mr. Ellison, Mr. Engel, 
  Mr. Farr, Mr. Frank of Massachusetts, Mr. Grijalva, Ms. Hirono, Mr. 
 Holt, Mr. Honda, Mr. Kildee, Mr. Kucinich, Mrs. Lowey, Mrs. Maloney, 
   Ms. McCollum, Mr. Moran, Ms. Moore, Mr. Nadler, Mr. Pallone, Ms. 
 Pingree of Maine, Mr. Sarbanes, Ms. Schakowsky, Mr. Stark, Mr. Tonko, 
 Mr. Van Hollen, Mr. Weiner, and Ms. Woolsey) 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 2011''.

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 the following:
                    ``(B) includes the underground injection of fluids 
                or propping agents pursuant to hydraulic fracturing 
                operations related to oil, gas, or geothermal 
                production activities; but
                    ``(C) excludes the underground injection of natural 
                gas for purposes of storage.''.
    (b) Disclosure of Hydraulic Fracturing Chemicals; Medical 
Emergencies; Proprietary Chemical Formulas.--Section 1421(b) of the 
Safe Drinking Water Act (42 U.S.C. 300H(b)) is amended by adding at the 
end the following:
            ``(4)(A) Regulations included under paragraph (1)(C) shall 
        include the following requirements:
                            ``(i) A person conducting hydraulic 
                        fracturing operations shall disclose to the 
                        State (or the Administrator if the 
                        Administrator has primary enforcement 
                        responsibility in the State)--
                                    ``(I) prior to the commencement of 
                                any hydraulic fracturing operations at 
                                any lease area or portion thereof, a 
                                list of chemicals intended for use in 
                                any underground injection during such 
                                operations, including identification of 
                                the chemical constituents of mixtures, 
                                Chemical Abstracts Service numbers for 
                                each chemical and constituent, material 
                                safety data sheets when available, and 
                                the anticipated volume of each 
                                chemical; and
                                    ``(II) not later than 30 days after 
                                the end of any hydraulic fracturing 
                                operations, the list of chemicals used 
                                in each underground injection during 
                                such operations, including 
                                identification of the chemical 
                                constituents of mixtures, Chemical 
                                Abstracts Service numbers for each 
                                chemical and constituent, material 
                                safety data sheets when available, and 
                                the volume of each chemical used.
                            ``(ii) The State or the Administrator, as 
                        applicable, shall make the disclosure of 
                        chemical constituents referred to in clause (i) 
                        available to the public, including by posting 
                        the information on an appropriate Internet Web 
                        site.
                            ``(iii) Whenever the State or the 
                        Administrator, or a treating physician or 
                        nurse, determines that a medical emergency 
                        exists and the proprietary chemical formula of 
                        a chemical used in hydraulic fracturing 
                        operations is necessary for medical treatment, 
                        the person conducting the hydraulic fracturing 
                        operations shall, upon request, immediately 
                        disclose the proprietary chemical formulas or 
                        the specific chemical identity of a trade 
                        secret chemical to the State, the 
                        Administrator, or the treating physician or 
                        nurse, regardless of whether a written 
                        statement of need or a confidentiality 
                        agreement has been provided. The person 
                        conducting the hydraulic fracturing operations 
                        may require a written statement of need and a 
                        confidentiality agreement as soon thereafter as 
                        circumstances permit.
            ``(B) Subparagraphs (A)(i) and (A)(ii) do not authorize the 
        State (or the Administrator) to require the public disclosure 
        of proprietary chemical formulas.''.
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