[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 436 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 436

To re-establish certain hydraulic fracturing chemical disclosure rules, 
 standards for well construction, and waste management rules, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 10, 2019

 Mr. Soto (for himself, Mr. Payne, Mr. Quigley, Ms. Wasserman Schultz, 
  Mr. Raskin, and Ms. Moore) introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
   the Committees on Transportation and Infrastructure, and Natural 
 Resources, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To re-establish certain hydraulic fracturing chemical disclosure rules, 
 standards for well construction, and waste management rules, 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 ``Fracking Disclosure and Safety 
Act''.

SEC. 2. FRACKING REGULATION ON FEDERAL LANDS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of the Interior, acting through 
the Bureau of Land Management, shall issue regulations governing the 
use of hydraulic fracturing under oil and gas leases for Federal lands.
    (b) Included Provisions.--The regulations issued pursuant to this 
section shall require the designated operator of an oil and gas lease 
to--
            (1) conduct baseline water testing prior to commencing 
        hydraulic fracturing operations; and
            (2) fully disclose to the public the chemicals used for 
        hydraulic fracturing under such lease on an appropriate 
        internet website.
    (c) Interim Application of Prior Rule.--The final rule entitled 
``Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands'', as 
published in the Federal Register on March 26, 2015 (80 Fed. Reg. 
16128), and corrected by the rule published on March 30, 2015 (80 Fed. 
Reg. 16577), shall apply until the date of the publication of a final 
rule under subsection (a).

SEC. 3. CLOSING LOOPHOLES.

    (a) Safe Drinking Water Act.--
            (1) 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)(i) includes the underground injection of 
                fluids or propping agents pursuant to hydraulic 
                fracturing operations related to oil, gas, or 
                geothermal production activities; but
                    ``(ii) excludes the underground injection of 
                natural gas for purposes of storage.''.
            (2) 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)(B)(ii) 
        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 website.
                    ``(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.''.
    (b) Clean Water Act.--
            (1) Limitation on permit requirement.--Section 402(l) of 
        the Federal Water Pollution Control Act (33 U.S.C. 1342) is 
        amended by striking paragraph (2) and redesignating paragraph 
        (3) as paragraph (2).
            (2) Definitions.--Section 502 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1362) is amended--
                    (A) by striking paragraph (24); and
                    (B) by redesignating paragraphs (25) and (26) as 
                paragraphs (24) and (25), respectively.
            (3) Study.--
                    (A) In general.--The Secretary of the Interior 
                shall conduct a study of stormwater impacts with 
                respect to any area that the Secretary determines may 
                be contaminated by stormwater runoff associated with 
                oil or gas operations, which shall include--
                            (i) an analysis of measurable contamination 
                        in such area;
                            (ii) an analysis of ground water resources 
                        in such area; and
                            (iii) an analysis of the susceptibility of 
                        aquifers in such area to contamination from 
                        stormwater runoff associated with such 
                        operations.
                    (B) Report.--Not later than 1 year after the date 
                of enactment of this section, the Secretary shall 
                submit to Congress a report on the results of studies 
                conducted under subparagraph (A).
    (c) Clean Air Act.--
            (1) Repeal of exemption for aggregation of emissions from 
        oil and gas sources.--Section 112(n) of the Clean Air Act (42 
        U.S.C. 7412(n)) is amended by striking paragraph (4).
            (2) Hydrogen sulfide as a hazardous air pollutant.--The 
        Administrator of the Environmental Protection Agency shall--
                    (A) not later than 180 days after the date of 
                enactment of this Act, issue a final rule adding 
                hydrogen sulfide to the list of hazardous air 
                pollutants under section 112(b) of the Clean Air Act 
                (42 U.S.C. 7412(b)); and
                    (B) not later than 365 days after a final rule 
                under subparagraph (A) is issued, revise the list under 
                section 112(c) of such Act (42 U.S.C. 7412(c)) to 
                include categories and subcategories of major sources 
                and area sources of hydrogen sulfide, including oil and 
                gas wells.
    (d) Solid Waste Disposal Act.--
            (1) Identification or listing, and regulation, under 
        subtitle c.--Paragraph (2) of section 3001(b) of the Solid 
        Waste Disposal Act (42 U.S.C. 6921(b)) is amended to read as 
        follows:
            ``(2) Not later than 1 year after the date of enactment of 
        the Fracking Disclosure and Safety Act, the Administrator 
        shall--
                    ``(A) determine whether drilling fluids, produced 
                waters, and other wastes associated with the 
                exploration, development, or production of crude oil, 
                natural gas, or geothermal energy meet the criteria 
                promulgated under this section for the identification 
                or listing of hazardous waste;
                    ``(B) identify or list as hazardous waste any 
                drilling fluids, produced waters, or other wastes 
                associated with the exploration, development, or 
                production of crude oil, natural gas, or geothermal 
                energy that the Administrator determines, pursuant to 
                subparagraph (A), meet the criteria promulgated under 
                this section for the identification or listing of 
                hazardous waste; and
                    ``(C) promulgate regulations under sections 3002, 
                3003, and 3004 for wastes identified or listed as 
                hazardous waste pursuant to subparagraph (B), except 
                that the Administrator is authorized to modify the 
                requirements of such sections to take into account the 
                special characteristics of such wastes so long as such 
                modified requirements protect human health and the 
                environment.''.
            (2) Regulation under subtitle d.--Section 4010(c) of the 
        Solid Waste Disposal Act (42 U.S.C. 6949a(c)) is amended by 
        adding at the end the following new paragraph:
            ``(7) Drilling fluids, produced waters, and other wastes 
        associated with the exploration, development, or production of 
        crude oil, natural gas, or geothermal energy.--Not later than 1 
        year after the date of enactment of the Fracking Disclosure and 
        Safety Act, the Administrator shall promulgate revisions of the 
        criteria promulgated under section 4004(a) and under section 
        1008(a)(3) for facilities that may receive drilling fluids, 
        produced waters, or other wastes associated with the 
        exploration, development, or production of crude oil, natural 
        gas, or geothermal energy, that are not identified or listed as 
        hazardous waste pursuant to section 3001(b)(2). The criteria 
        shall be those necessary to protect human health and the 
        environment and may take into account the practicable 
        capability of such facilities. At a minimum, such revisions for 
        facilities potentially receiving such wastes should require 
        ground water monitoring as necessary to detect contamination, 
        establish criteria for the acceptable location of new or 
        existing facilities, and provide for corrective action and 
        financial assurance as appropriate.''.
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