II 

115TH CONGRESS 

1ST SESSION S. 865 

To amend the Safe Drinking Water Act to repeal a certain exemption for 

hydraulic fracturing, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 6 (legislative day, APRIL 4), 2017 

Mr. CASEY (for himself, Mr. WHITEHOUSE, Ms. HIRONO, Mr. FRANKEN, Mr. 

SCHUMER, Mr. MENENDEZ, Mr. REED, Mr. MERKLEY, Mr. DURBIN, 

Mrs. FEINSTEIN, and Mr. VAN HOLLEN) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To amend the Safe Drinking Water Act to repeal a certain 

exemption for hydraulic fracturing, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fracturing Responsi5 bility and Awareness of Chemicals Act’’ or the ‘‘FRAC 

6 Act’’. 

7 SEC. 2. REGULATION OF HYDRAULIC FRACTURING. 

8 (a) UNDERGROUND INJECTION.—Section 1421(d) of 

9 the Safe Drinking Water Act (42 U.S.C. 300h(d)) is 


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1 amended by striking paragraph (1) and inserting the fol2 lowing: 

3 ‘‘(1) UNDERGROUND INJECTION.— 

4 ‘‘(A) IN GENERAL.—The term ‘under5 ground injection’ means the subsurface em6 placement of fluids by well injection. 

7 ‘‘(B) INCLUSION.—The term ‘underground 

8 injection’ includes the underground injection of 

9 fluids or propping agents pursuant to hydraulic 

10 fracturing operations relating to oil or natural 

11 gas production activities. 

12 ‘‘(C) EXCLUSION.—The term ‘underground 

13 injection’ does not include the underground in14 jection of natural gas for the purpose of stor15 age.’’. 

16 (b) STATE PRIMARY ENFORCEMENT RELATING TO

17 HYDRAULIC FRACTURING OPERATIONS.—Section 1422 of 

18 the Safe Drinking Water Act (42 U.S.C. 300h–1) is 

19 amended by adding at the end the following: 

20 ‘‘(f) HYDRAULIC FRACTURING OPERATIONS.— 

21 ‘‘(1) IN GENERAL.—Consistent with such regu22 lations as the Administrator may prescribe, a State 

23 may seek primary enforcement responsibility for hy24 draulic fracturing operations for oil and natural gas 

25 without seeking to assume primary enforcement reVerDate Sep 11 2014 02:00 Apr 15, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S865.IS S865

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1 sponsibility for other types of underground injection 

2 control wells, including underground injection con3 trol wells that inject brine or other fluids that are 

4 brought to the surface in connection with oil and 

5 natural gas production or any underground injection 

6 for the secondary or tertiary recovery of oil or nat7 ural gas. 

8 ‘‘(2) ADMINISTRATION.— 

9 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

10 not apply until the date that is 1 year after the 

11 date on which the Administrator publishes in 

12 the Federal Register any regulations promul13 gated under that paragraph. 

14 ‘‘(B) EFFECT ON ADMINISTRATOR.—Noth15 ing in this subsection affects the authority of 

16 the Administrator to approve State programs 

17 that assume primary enforcement responsibility 

18 for only certain types of underground injection 

19 control wells.’’. 

20 (c) DISCLOSURE.—Section 1421(b) of the Safe 

21 Drinking Water Act (42 U.S.C. 300h(b)) is amended by 

22 adding at the end the following: 

23 ‘‘(4) DISCLOSURES OF CHEMICAL CONSTITU24 ENTS.— 


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1 ‘‘(A) IN GENERAL.—A person conducting 

2 hydraulic fracturing operations shall disclose to 

3 the State (or to the Administrator, in any case 

4 in which the Administrator has primary en5 forcement responsibility in a State), by not 

6 later than such deadlines as shall be established 

7 by the State (or the Administrator)— 

8 ‘‘(i) before the commencement of any 

9 hydraulic fracturing operations at any 

10 lease area or a portion of a lease area, a 

11 list of chemicals and proppants intended 

12 for use in any underground injection dur13 ing the operations (including identification 

14 of the chemical constituents of mixtures, 

15 Chemical Abstracts Service numbers for 

16 each chemical and constituent, material 

17 safety data sheets if available, and the an18 ticipated amount of each chemical to be 

19 used); and 

20 ‘‘(ii) after the completion of hydraulic 

21 fracturing operations described in clause 

22 (i), the list of chemicals and proppants 

23 used in each underground injection during 

24 the operations (including identification of 

25 the chemical constituents of mixtures, 


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1 Chemical Abstracts Service numbers for 

2 each chemical and constituent, material 

3 safety data sheets if available, and the 

4 amount of each chemical used). 

5 ‘‘(B) PUBLIC AVAILABILITY.—The State or 

6 the Administrator, as applicable, shall— 

7 ‘‘(i) ensure the accuracy and com8 pleteness of the information required under 

9 subparagraph (A); and 

10 ‘‘(ii) make available to the public the 

11 information contained in each disclosure 

12 required under subparagraph (A), includ13 ing by posting the information on a single, 

14 searchable Internet website such that all 

15 the information disclosed to the State or 

16 Administrator, as applicable, under that 

17 subparagraph is contained on the same 

18 Internet website. 

19 ‘‘(C) IMMEDIATE DISCLOSURE IN CASE OF

20 MEDICAL NEED OR EMERGENCY.— 

21 ‘‘(i) IN GENERAL.—Subject to clause 

22 (ii), the regulations promulgated pursuant 

23 to subsection (a) shall require that, in any 

24 case in which the State or the Adminis25 trator, as applicable, a first responder, or 


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1 healthcare practitioner determines that the 

2 proprietary chemical formula or specific 

3 chemical identity of a trade-secret chemical 

4 used in hydraulic fracturing is necessary 

5 for medical diagnosis, treatment, or emer6 gency response, the applicable person using 

7 hydraulic fracturing shall, upon request, 

8 immediately disclose to the State, the Ad9 ministrator, first responder, or healthcare 

10 practitioner the proprietary chemical for11 mula or specific chemical identity of a 

12 trade-secret chemical, regardless of the ex13 istence of— 

14 ‘‘(I) a written statement of need; 

15 or 

16 ‘‘(II) a confidentiality agreement. 

17 ‘‘(ii) REQUIREMENT.—A person using 

18 hydraulic fracturing that makes a disclo19 sure required under clause (i) may require 

20 the execution of a written statement of 

21 need and a confidentiality agreement as 

22 soon as practicable after the determination 

23 by the State, Administrator, first re24 sponder, or healthcare practitioner, as ap25 plicable, under that clause. 


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1 ‘‘(iii) PROFESSIONAL NECESSITY.— 

2 ‘‘(I) IN GENERAL.—Subject to 

3 subclause (II), a first responder or 

4 healthcare practitioner may share any 

5 information disclosed under clause (i) 

6 with other persons if the information 

7 is medically necessary. 

8 ‘‘(II) RESTRICTION.—A first re9 sponder or healthcare practitioner de10 scribed in subclause (I) shall not 

11 make publicly available any informa12 tion disclosed under clause (i). 

13 ‘‘(D) NO PUBLIC DISCLOSURE RE14 QUIRED.—Nothing in subparagraph (A), (B), 

15 or (C) authorizes a State or the Administrator 

16 to publicly disclose any proprietary chemical 

17 formula.’’. 

Æ 


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