I 

113TH CONGRESS 

1ST SESSION H. R. 1921 

To repeal the exemption for hydraulic fracturing in the Safe Drinking Water 

Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2013 

Ms. DEGETTE (for herself and Mr. GIBSON) 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. 

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 of 2013’’. 

6 SEC. 2. REGULATION OF HYDRAULIC FRACTURING. 

7 (a) HYDRAULIC FRACTURING.—Section 1421(d)(1) 

8 of the Safe Drinking Water Act (42 U.S.C. 300h(d)(1)) 

9 is amended by striking subparagraph (B) and inserting 

10 the following: 


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1 ‘‘(B) includes the underground injection of 

2 fluids or propping agents pursuant to hydraulic 

3 fracturing operations related to oil, gas, or geo4 thermal production activities; but 

5 ‘‘(C) excludes the underground injection of 

6 natural gas for purposes of storage.’’. 

7 (b) DISCLOSURE OF HYDRAULIC FRACTURING

8 CHEMICALS; MEDICAL EMERGENCIES; PROPRIETARY

9 CHEMICAL FORMULAS.—Section 1421(b) of the Safe 

10 Drinking Water Act (42 U.S.C. 300H(b)) is amended by 

11 adding at the end the following: 

12 ‘‘(4)(A) Regulations included under paragraph 

13 (1)(C) shall include the following requirements: 

14 ‘‘(i) A person conducting hydraulic frac15 turing operations shall disclose to the State (or 

16 the Administrator if the Administrator has pri17 mary enforcement responsibility in the State)— 

18 ‘‘(I) prior to the commencement of 

19 any hydraulic fracturing operations at any 

20 lease area or portion thereof, a list of 

21 chemicals intended for use in any under22 ground injection during such operations, 

23 including identification of the chemical 

24 constituents of mixtures, Chemical Ab25 stracts Service numbers for each chemical 


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1 and constituent, material safety data 

2 sheets when available, and the anticipated 

3 volume of each chemical; and 

4 ‘‘(II) not later than 30 days after the 

5 end of any hydraulic fracturing operations, 

6 the list of chemicals used in each under7 ground injection during such operations, 

8 including identification of the chemical 

9 constituents of mixtures, Chemical Ab10 stracts Service numbers for each chemical 

11 and constituent, material safety data 

12 sheets when available, and the volume of 

13 each chemical used. 

14 ‘‘(ii) The State or the Administrator, as 

15 applicable, shall make the disclosure of chemical 

16 constituents referred to in clause (i) available to 

17 the public, including by posting the information 

18 on an appropriate Internet Web site. 

19 ‘‘(iii) Whenever the State or the Adminis20 trator, or a treating physician or nurse, deter21 mines that a medical emergency exists and the 

22 proprietary chemical formula of a chemical used 

23 in hydraulic fracturing operations is necessary 

24 for medical treatment, the person conducting 

25 the hydraulic fracturing operations shall, upon 


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1 request, immediately disclose the proprietary 

2 chemical formulas or the specific chemical iden3 tity of a trade secret chemical to the State, the 

4 Administrator, or the treating physician or 

5 nurse, regardless of whether a written state6 ment of need or a confidentiality agreement has 

7 been provided. The person conducting the hy8 draulic fracturing operations may require a 

9 written statement of need and a confidentiality 

10 agreement as soon thereafter as circumstances 

11 permit. 

12 ‘‘(B) Subparagraphs (A)(i) and (A)(ii) do not 

13 authorize the State (or the Administrator) to require 

14 the public disclosure of proprietary chemical for15 mulas.’’. 

Æ 


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