[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6112 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6112

   To require operators of oil and gas production facilities to take 
  certain measures to protect drinking water, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2020

    Mr. Huffman (for himself, Mr. Lowenthal, Mr. Grijalva, and Ms. 
  Barragan) introduced the following bill; which was referred to the 
 Committee on Natural Resources, and in addition to the Committees on 
   Energy and Commerce, and Transportation and Infrastructure, 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 require operators of oil and gas production facilities to take 
  certain measures to protect drinking water, 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 ``Oil and Water Don't Mix Act of 
2020''.

SEC. 2. PROTECTION OF WATER RESOURCES.

    (a) Mineral Leasing Act Requirements.--Section 17 of the Mineral 
Leasing Act (30 U.S.C. 226) is amended--
            (1) in subsection (g) by striking ``lands or surface waters 
        adversely'' and inserting ``surface or ground waters or lands 
        adversely'';
            (2) by redesignating subsection (p) as subsection (q); and
            (3) by inserting after subsection (o) the following:
    ``(p) Water Requirements.--
            ``(1) An operator producing oil or gas (including coalbed 
        methane) under a lease issued under this Act shall--
                    ``(A) replace the water supply of a water user who 
                obtains all or part of such user's supply of water from 
                an underground or surface source that has been affected 
                by contamination, diminution, or interruption 
                proximately resulting from drilling, fracking, or 
                production operations for such production;
                    ``(B) ensure that if a surface or ground water 
                source is affected by contamination, diminution, or 
                interruption proximately resulting from such 
                production, best management practices and appropriately 
                available technologies are used to prevent, to the 
                maximum extent possible, the long-term or permanent 
                degradation of the surface or ground water source; and
                    ``(C) comply with all applicable requirements of 
                Federal and State law with respect to--
                            ``(i) discharge of any water produced under 
                        the lease; and
                            ``(ii) activities that would divert or 
                        otherwise alter a surface or ground water 
                        source or lead to a discharge not covered by 
                        clause (i).
            ``(2) An application for a permit to drill under a lease 
        under this Act shall be accompanied by a proposed water 
        management plan including provisions to--
                    ``(A) protect the quantity and quality of surface 
                and ground water systems, both on-site and off-site, 
                from adverse effects of the exploration, development, 
                and reclamation processes or to provide alternative 
                sources of water if such protection cannot be assured;
                    ``(B) protect the rights of present users of water 
                that would be affected by operations under the lease, 
                including the discharge of any water produced in 
                connection with such operations that is not reinjected; 
                and
                    ``(C) identify any agreements with other parties 
                for the beneficial use of produced waters and the steps 
                that will be taken to comply with State and Federal 
                laws related to such use.
            ``(3) The Secretary may not approve an application if the 
        Secretary determines that the applicant did not submit a water 
        management plan that meets the requirements described in 
        paragraph (2).''.
    (b) Relation to State Law.--Nothing in this section or any 
amendment made by this section shall be construed as--
            (1) impairing or in any manner affecting any right or 
        jurisdiction of any State with respect to the waters of such 
        State; or
            (2) limiting, altering, modifying, or amending any of the 
        interstate compacts or equitable apportionment decrees that 
        apportion water among and between States.

SEC. 3. FRACKING REGULATION ON FEDERAL LANDS.

    (a) In General.--Not later than 1 year after the date of 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 under this section shall 
require--
            (1) baseline water testing, the results of which shall be 
        posted on an appropriate internet website; and
            (2) public disclosure of each chemical used for hydraulic 
        fracturing 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 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 effective date of a final rule under 
subsection (a).

SEC. 4. CLOSING LOOPHOLES.

    (a) Safe Drinking Water Act.--
            (1) Underground injection.--Section 1421(d)(1) of the Safe 
        Drinking Water Act (42 U.S.C. 300h(d)(1)) is amended--
                    (A) in subparagraph (A), by striking ``; and'' and 
                inserting a semicolon; and
                    (B) 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; and
                    ``(C) excludes the underground injection of natural 
                gas for purposes of storage.''.
            (2) Disclosure of 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 underground injection 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 underground 
                injection 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;
                    ``(II) the results of baseline water testing;
                    ``(III) not later than 30 days after the end of any 
                underground injection 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;
                    ``(IV) for continuous injection operations, such as 
                enhanced recovery or disposal, a fluid analysis report, 
                which shall be submitted on a quarterly basis and shall 
                include a complete chemical analysis of all injected 
                fluids; and
                    ``(V) for any underground injection operation that 
                results in fluids returning to the surface, such as 
                flowback after hydraulic fracturing or produced water 
                recovered from an enhanced recovery project, a 
                quarterly report of recovered fluids that includes the 
                source, volume, and specific composition and 
                disposition of all water, including water used as base 
                fluid during the injection operation and produced water 
                that is recovered from the well following injection and 
                during the production phase.
            ``(ii) The State or the Administrator, as applicable, shall 
        make the disclosure of baseline water testing results and 
        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 underground injection operations is necessary 
        for medical treatment, the person conducting the underground 
        injection 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 
        underground injection operations may require a written 
        statement of need and a confidentiality agreement as soon 
        thereafter as circumstances permit.
    ``(B) Notwithstanding any other provision of law, none of the 
following information shall be protected as a trade secret:
            ``(i) The identities, including Chemical Abstracts Service 
        identification numbers, of the chemical constituents of 
        additives used in underground injection projects, including 
        well stimulation treatment fluids and routine maintenance 
        fluids.
            ``(ii) The concentrations of the additives in fluids used 
        in underground injection projects.
            ``(iii) Any air or other pollution monitoring data.
            ``(iv) Health and safety data associated with fluids used 
        in underground injection.
            ``(v) The chemical composition of recovered fluids or 
        fluids injected for disposal.''.
    (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), (26), and 
                (27) as paragraphs (24), (25), and (26), 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--
                    (A) by striking paragraph (4); and
                    (B) by redesignating paragraphs (5), (6), and (7) 
                as paragraphs (4), (5), and (6), respectively.
            (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 paragraph (1) 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 Oil and Water Don't Mix Act of 2020, 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 this subtitle 
                for wastes identified or listed as hazardous waste 
                pursuant to subparagraph (B), except that the 
                Administrator is authorized to modify the requirements 
                of this subtitle 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 Oil and Water Don't Mix 
        Act of 2020, 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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