I 

112TH CONGRESS 

1ST SESSION H. R. 1084 

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

Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2011 

Ms. DEGETTE (for herself, Mr. HINCHEY, Mr. POLIS, Mr. ACKERMAN, Mr. 

BERMAN, Mrs. CAPPS, Mr. CONNOLLY of Virginia, Mr. ELLISON, Mr. 

ENGEL, Mr. FARR, Mr. FRANK of Massachusetts, Mr. GRIJALVA, Ms. 

HIRONO, Mr. HOLT, Mr. HONDA, Mr. KILDEE, Mr. KUCINICH, Mrs. 

LOWEY, Mrs. MALONEY, Ms. MCCOLLUM, Mr. MORAN, Ms. MOORE, Mr. 

NADLER, Mr. PALLONE, Ms. PINGREE of Maine, Mr. SARBANES, Ms. 

SCHAKOWSKY, Mr. STARK, Mr. TONKO, Mr. VAN HOLLEN, Mr. WEINER, 

and Ms. WOOLSEY) 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 2011’’. 


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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 

20 fracturing operations shall disclose to the 

21 State (or the Administrator if the Adminis22 trator has primary enforcement responsi23 bility in the State)— 

24 ‘‘(I) prior to the commencement 

25 of any hydraulic fracturing operations 

26 at any lease area or portion thereof, a 


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1 list of chemicals intended for use in 

2 any underground injection during 

3 such operations, including identifica4 tion of the chemical constituents of 

5 mixtures, Chemical Abstracts Service 

6 numbers for each chemical and con7 stituent, material safety data sheets 

8 when available, and the anticipated 

9 volume of each chemical; and 

10 ‘‘(II) not later than 30 days after 

11 the end of any hydraulic fracturing 

12 operations, the list of chemicals used 

13 in each underground injection during 

14 such operations, including identifica15 tion of the chemical constituents of 

16 mixtures, Chemical Abstracts Service 

17 numbers for each chemical and con18 stituent, material safety data sheets 

19 when available, and the volume of 

20 each chemical used. 

21 ‘‘(ii) The State or the Administrator, 

22 as applicable, shall make the disclosure of 

23 chemical constituents referred to in clause 

24 (i) available to the public, including by 


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1 posting the information on an appropriate 

2 Internet Web site. 

3 ‘‘(iii) Whenever the State or the Ad4 ministrator, or a treating physician or 

5 nurse, determines that a medical emer6 gency exists and the proprietary chemical 

7 formula of a chemical used in hydraulic 

8 fracturing operations is necessary for med9 ical treatment, the person conducting the 

10 hydraulic fracturing operations shall, upon 

11 request, immediately disclose the propri12 etary chemical formulas or the specific 

13 chemical identity of a trade secret chemical 

14 to the State, the Administrator, or the 

15 treating physician or nurse, regardless of 

16 whether a written statement of need or a 

17 confidentiality agreement has been pro18 vided. The person conducting the hydraulic 

19 fracturing operations may require a writ20 ten statement of need and a confidentiality 

21 agreement as soon thereafter as cir22 cumstances permit. 

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

24 authorize the State (or the Administrator) to require 


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1 the public disclosure of proprietary chemical for2 mulas.’’. 

Æ 


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