II

107TH CONGRESS

1ST SESSION S. 1374

To provide for a study of the effects of hydraulic fracturing on underground

drinking water sources.

IN THE SENATE OF THE UNITED STATES

AUGUST 3, 2001

Mr. BINGAMAN (for himself and Mr. REID) introduced the following bill; which

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

Works

A BILL

To provide for a study of the effects of hydraulic fracturing

on underground drinking water sources.

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 ‘‘Hydraulic Fracturing

5 Act’’.

6 SEC 2. HYDRAULIC FRACTURING.

7 Section 1421 of the Safe Drinking Water Act (42

8 U.S.C. § 300h) is amended by adding at the end the fol9 lowing:
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1 ‘‘(e) HYDRAULIC FRACTURING FOR OIL AND GAS

2 PRODUCTION.—

3 ‘‘(1) STUDY OF THE EFFECTS OF HYDRAULIC

4 FRACTURING.—

5 ‘‘(A) IN GENERAL.—Not later than 24

6 months after the date of enactment of this sub7 section, the Administration shall complete a

8 study of the known and potential effects on un9 derground drinking water sources of hydraulic

10 fracturing, including the effects of hydraulic

11 fracturing on underground drinking water

12 sources on a nationwide basis, and within spe13 cific regions, States, or portions of States.

14 ‘‘(B) CONSULTATION.—In planning and

15 conducting the study, the Administrator shall

16 consult with the Secretary of the Interior, the

17 Secretary of Energy, the Ground Water Protec18 tion Council, affected States, and, as appro19 priate, representatives of environmental, indus20 try, academic, scientific, public health, and

21 other relevant organizations. Such study may be

22 accomplished in conjunction with other ongoing

23 studies related to the effects of oil and gas pro24 duction on groundwater resources.
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1 ‘‘(C) STUDY ELEMENTS.—The study con2 ducted under subparagraph (A) shall, at a min3 imum, examine and make findings as to

4 whether—

5 ‘‘(i) such hydraulic fracturing has, or

6 will, endanger (as defined under subsection

7 (d)(2)) underground drinking water

8 sources, including those sources within spe9 cific regions, States or portions of States;

10 ‘‘(ii) there are specific methods, prac11 tices, or hydrogeologic circumstances in

12 which hydraulic fracturing has, or will, en13 danger underground drinking water

14 sources; and

15 ‘‘(iii) whether there are any pre16 cautionary actions that may reduce or

17 eliminate any such endangerment.

18 ‘‘(2) INDEPENDENT SCIENTIFIC REVIEW.—

19 ‘‘(A) IN GENERAL.—Not later than 2

20 months after the study under paragraph (1) is

21 completed, the Administrator shall enter into an

22 appropriate agreement with the National Acad23 emy of Sciences to have the Academy review the

24 conclusions of the study.
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1 ‘‘(B) REPORT.—Not later than 9 months

2 after entering into an appropriate agreement

3 with the Administrator, the National Academy

4 of Sciences shall report to the Administrator,

5 and the Committee on Energy and Commerce

6 of the House of Representatives and the Com7 mittee on Environment and Public Works of the

8 Senate, on the—

9 ‘‘(i) findings related to the study con10 ducted by the Administrator under para11 graph (1); and

12 ‘‘(ii) recommendations, if any, for

13 modifying the findings of the study.

14 ‘‘(3) REGULATORY DETERMINATION.—

15 ‘‘(A) IN GENERAL.—Not later than 6

16 months after receiving the National Academy of

17 Sciences report under paragraph (2), the Ad18 ministrator shall determine, after informal pub19 lic hearings and public notice and opportunity

20 for comment, and based on information devel21 oped or accumulated in connection with the

22 study required under paragraph (1) and the

23 National Academy of Sciences report under

24 paragraph (2), either:
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1 ‘‘(i) that regulation of hydraulic frac2 turing under this part is necessary to en3 sure that underground sources of drinking

4 water will not be endangered on a nation5 wide basis, or within a specific region,

6 State or portions of a State; or

7 ‘‘(ii) that regulation described under

8 clause (i) is unnecessary.

9 ‘‘(B) PUBLICATION OF DETERMINATION.—

10 The Administrator shall publish the determina11 tion in the Federal Register, accompanied by an

12 explanation and the reasons for it.

13 ‘‘(4) PROMULGATION OF REGULATIONS.—

14 ‘‘(A) REGULATION NECESSARY.—If the

15 Administrator determines under paragraph (3)

16 that regulation of hydraulic fracturing under

17 this part is necessary to ensure that hydraulic

18 fracturing does not endanger underground

19 drinking water sources on a nationwide basis,

20 or within a specific region, State or portions of

21 a State, the Administrator shall, within 6

22 months after the issuance of that determina23 tion, and after public notice and opportunity for

24 comment, promulgate regulations under section

25 1421 (42 U.S.C. § 300h) to ensure that hydrau-
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1 lic fracturing will not endanger such under2 ground sources of drinking water.

3 ‘‘(B) REGULATION UNNECESSARY.—The

4 Administrator shall not promulgate regulations

5 for hydraulic fracturing under this part unless

6 the Administrator determines under paragraph

7 (3) that such regulations are necessary.

8 ‘‘(C) EXISTING REGULATIONS.—A deter9 mination by the Administrator under paragraph

10 (3) that regulation is unnecessary will relieve

11 States from any further obligation to regulate

12 hydraulic fracturing as an underground injec13 tion under this part.

14 ‘‘(5) DEFINITION OF HYDRAULIC FRAC15 TURING.—For purposes of this subsection, the term

16 ‘hydraulic fracturing’ means the process of creating

17 a fracture in a reservoir rock, and injecting fluids

18 and propping agents, for the purposes of reservoir

19 stimulation related to oil and gas production activi20 ties.

21 ‘‘(6) SAVINGS.—Nothing in this subsection shall

22 in any way limit the authorities of the Administrator

23 under section 1431 (42 U.S.C. 300i).’’.

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