I 

117TH CONGRESS 

1ST SESSION H. R. 2202 

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

Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2021 

Ms. DEGETTE (for herself, Mr. CARTWRIGHT, Ms. SCHAKOWSKY, Ms. CLARKE

of New York, Ms. BARRAGA ́N, Mr. BEYER, Mr. BLUMENAUER, Ms. 

BONAMICI, Mr. COHEN, Mr. CONNOLLY, Ms. ESHOO, Mr. GRIJALVA, Mr. 

HASTINGS, Mr. HUFFMAN, Mr. JONES, Mr. KHANNA, Mr. LYNCH, Ms. 

MATSUI, Ms. MENG, Ms. MCCOLLUM, Mr. MORELLE, Mr. NADLER, Mrs. 

NAPOLITANO, Mr. NEGUSE, Ms. NORTON, Mr. RASKIN, Mr. SHERMAN, 

Mr. SIRES, Mr. SMITH of Washington, Mr. VARGAS, Ms. VELA ́ZQUEZ, 

Mr. WELCH, and Mr. DESAULNIER) 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 2021’’. 


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1 SEC. 2. REGULATION OF HYDRAULIC FRACTURING. 

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

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

4 is amended by striking subparagraph (B) and inserting 

5 the following: 

6 ‘‘(B) includes the underground injection of 

7 fluids or propping agents pursuant to hydraulic 

8 fracturing operations related to oil, gas, or geo9 thermal production activities; but 

10 ‘‘(C) excludes the underground injection of 

11 natural gas for purposes of storage.’’. 

12 (b) DISCLOSURE OF HYDRAULIC FRACTURING

13 CHEMICALS; MEDICAL EMERGENCIES; PROPRIETARY

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

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

16 adding at the end the following: 

17 ‘‘(4)(A) Regulations included under paragraph (1)(C) 

18 shall include the following requirements: 

19 ‘‘(i) A person conducting hydraulic fracturing 

20 operations shall disclose to the State (or the Admin21 istrator if the Administrator has primary enforce22 ment responsibility in the State)— 

23 ‘‘(I) prior to the commencement of any hy24 draulic fracturing operations at any lease area 

25 or portion thereof, a list of chemicals intended 

26 for use in any underground injection during 


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1 such operations, including identification of the 

2 chemical constituents of mixtures, Chemical Ab3 stracts Service numbers for each chemical and 

4 constituent, material safety data sheets when 

5 available, and the anticipated volume of each 

6 chemical; and 

7 ‘‘(II) not later than 30 days after the end 

8 of any hydraulic fracturing operations, the list 

9 of chemicals used in each underground injection 

10 during such operations, including identification 

11 of the chemical constituents of mixtures, Chem12 ical Abstracts Service numbers for each chem13 ical and constituent, material safety data sheets 

14 when available, and the volume of each chemical 

15 used. 

16 ‘‘(ii) The State or the Administrator, as appli17 cable, shall make the disclosure of chemical constitu18 ents referred to in clause (i) available to the public, 

19 including by posting the information on an appro20 priate internet website. 

21 ‘‘(iii) Whenever the State or the Administrator, 

22 or a treating physician or nurse, determines that a 

23 medical emergency exists and the proprietary chem24 ical formula of a chemical used in hydraulic frac25 turing operations is necessary for medical treatment, 


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1 the person conducting the hydraulic fracturing oper2 ations shall, upon request, immediately disclose the 

3 proprietary chemical formulas or the specific chem4 ical identity of a trade secret chemical to the State, 

5 the Administrator, or the treating physician or 

6 nurse, regardless of whether a written statement of 

7 need or a confidentiality agreement has been pro8 vided. The person conducting the hydraulic frac9 turing operations may require a written statement of 

10 need and a confidentiality agreement as soon there11 after as circumstances permit. 

12 ‘‘(B) Subparagraph (A)(i) and (A)(ii) do not author13 ize the State (or the Administrator) to require the public 

14 disclosure of proprietary chemical formulas.’’. 

Æ 


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