I 

115TH CONGRESS 

1ST SESSION H. R. 2012 

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

Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2017 

Ms. DEGETTE (for herself, Mr. SMITH of Washington, Mr. TONKO, Ms. 

MCCOLLUM, Mr. GRIJALVA, Ms. TSONGAS, Mr. TAKANO, Ms. SCHAKOWSKY, Mr. POLIS, Mr. CARTWRIGHT, Mr. CAPUANO, Mr. SCOTT of 

Virginia, Ms. LEE, Mr. SWALWELL of California, Mr. ENGEL, Mr. 

POCAN, Mr. CONNOLLY, Mr. BLUMENAUER, Mr. SARBANES, Ms. NORTON, Mr. QUIGLEY, Mr. HUFFMAN, Ms. ESHOO, Mrs. CAROLYN B. 

MALONEY of New York, Mr. SERRANO, Mr. YARMUTH, Mr. BEYER, Mr. 

PALLONE, Ms. MENG, Ms. MAXINE WATERS of California, and Ms. LOFGREN) 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 2017’’. 


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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 

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

19 ‘‘(i) A person conducting hydraulic frac20 turing operations shall disclose to the State (or 

21 the Administrator if the Administrator has pri22 mary enforcement responsibility in the State)— 

23 ‘‘(I) prior to the commencement of 

24 any hydraulic fracturing operations at any 

25 lease area or portion thereof, a list of 

26 chemicals intended for use in any underVerDate Sep 11 2014 01:24 Apr 14, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2012.IH H2012

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1 ground injection during such operations, 

2 including identification of the chemical 

3 constituents of mixtures, Chemical Ab4 stracts Service numbers for each chemical 

5 and constituent, material safety data 

6 sheets when available, and the anticipated 

7 volume of each chemical; and 

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

9 end of any hydraulic fracturing operations, 

10 the list of chemicals used in each under11 ground injection during such operations, 

12 including identification of the chemical 

13 constituents of mixtures, Chemical Ab14 stracts Service numbers for each chemical 

15 and constituent, material safety data 

16 sheets when available, and the volume of 

17 each chemical used. 

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

19 applicable, shall make the disclosure of chemical 

20 constituents referred to in clause (i) available to 

21 the public, including by posting the information 

22 on an appropriate Internet website. 

23 ‘‘(iii) Whenever the State or the Adminis24 trator, or a treating physician or nurse, deter25 mines that a medical emergency exists and the 


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1 proprietary chemical formula of a chemical used 

2 in hydraulic fracturing operations is necessary 

3 for medical treatment, the person conducting 

4 the hydraulic fracturing operations shall, upon 

5 request, immediately disclose the proprietary 

6 chemical formulas or the specific chemical iden7 tity of a trade secret chemical to the State, the 

8 Administrator, or the treating physician or 

9 nurse, regardless of whether a written state10 ment of need or a confidentiality agreement has 

11 been provided. The person conducting the hy12 draulic fracturing operations may require a 

13 written statement of need and a confidentiality 

14 agreement as soon thereafter as circumstances 

15 permit. 

16 ‘‘(B) Subparagraph (A)(i) and (A)(ii) do not 

17 authorize the State (or the Administrator) to require 

18 the public disclosure of proprietary chemical for19 mulas.’’. 

Æ 


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