II 

112TH CONGRESS 

1ST SESSION S. 587 

To amend the Safe Drinking Water Act to repeal a certain exemption for 

hydraulic fracturing, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2011 

Mr. CASEY (for himself, Mr. SCHUMER, Mrs. FEINSTEIN, Mrs. GILLIBRAND, 

Mr. LAUTENBERG, Mr. WHITEHOUSE, Mr. SANDERS, and Mr. CARDIN) 

introduced the following bill; which was read twice and referred to the 

Committee on Environment and Public Works 

A BILL 

To amend the Safe Drinking Water Act to repeal a certain 

exemption for hydraulic fracturing, 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’’ or the ‘‘FRAC 

6 Act’’. 

7 SEC. 2. REGULATION OF HYDRAULIC FRACTURING. 

8 (a) UNDERGROUND INJECTION.—Section 1421(d) of 

9 the Safe Drinking Water Act (42 U.S.C. 300h(d)) is 


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1 amended by striking paragraph (1) and inserting the fol2 lowing: 

3 ‘‘(1) UNDERGROUND INJECTION.— 

4 ‘‘(A) IN GENERAL.—The term ‘under5 ground injection’ means the subsurface em6 placement of fluids by well injection. 

7 ‘‘(B) INCLUSION.—The term ‘underground 

8 injection’ includes the underground injection of 

9 fluids or propping agents pursuant to hydraulic 

10 fracturing operations relating to oil or gas pro11 duction activities. 

12 ‘‘(C) EXCLUSION.—The term ‘underground 

13 injection’ does not include the underground in14 jection of natural gas for the purpose of stor15 age.’’. 

16 (b) DISCLOSURE.—Section 1421(b) of the Safe 

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

18 adding at the end the following: 

19 ‘‘(4) DISCLOSURES OF CHEMICAL CONSTITU20 ENTS.— 

21 ‘‘(A) IN GENERAL.—A person conducting 

22 hydraulic fracturing operations shall disclose to 

23 the State (or to the Administrator, in any case 

24 in which the Administrator has primary en25 forcement responsibility in a State), by not 


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1 later than such deadlines as shall be established 

2 by the State (or the Administrator)— 

3 ‘‘(i) before the commencement of any 

4 hydraulic fracturing operations at any 

5 lease area or a portion of a lease area, a 

6 list of chemicals intended for use in any 

7 underground injection during the oper8 ations (including identification of the 

9 chemical constituents of mixtures, Chem10 ical Abstracts Service numbers for each 

11 chemical and constituent, material safety 

12 data sheets when available, and the antici13 pated volume of each chemical to be used); 

14 and 

15 ‘‘(ii) after the completion of hydraulic 

16 fracturing operations described in clause 

17 (i), the list of chemicals used in each un18 derground injection during the operations 

19 (including identification of the chemical 

20 constituents of mixtures, Chemical Ab21 stracts Service numbers for each chemical 

22 and constituent, material safety data 

23 sheets when available, and the volume of 

24 each chemical used). 


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1 ‘‘(B) PUBLIC AVAILABILITY.—The State 

2 (or the Administrator, as applicable) shall make 

3 available to the public the information con4 tained in each disclosure of chemical constitu5 ents under subparagraph (A), including by 

6 posting the information on an appropriate 

7 Internet website. 

8 ‘‘(C) IMMEDIATE DISCLOSURE IN CASE OF

9 MEDICAL EMERGENCY.— 

10 ‘‘(i) IN GENERAL.—Subject to clause 

11 (ii), the regulations promulgated pursuant 

12 to subsection (a) shall require that, in any 

13 case in which the State (or the Adminis14 trator, as applicable) or an appropriate 

15 treating physician or nurse determines that 

16 a medical emergency exists and the propri17 etary chemical formula or specific chemical 

18 identity of a trade-secret chemical used in 

19 hydraulic fracturing is necessary for med20 ical treatment, the applicable person using 

21 hydraulic fracturing shall, upon request, 

22 immediately disclose to the State (or the 

23 Administrator) or the treating physician or 

24 nurse the proprietary chemical formula or 


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1 specific chemical identity of a trade-secret 

2 chemical, regardless of the existence of— 

3 ‘‘(I) a written statement of need; 

4 or 

5 ‘‘(II) a confidentiality agreement. 

6 ‘‘(ii) REQUIREMENT.—A person using 

7 hydraulic fracturing that makes a disclo8 sure required under clause (i) may require 

9 the execution of a written statement of 

10 need and a confidentiality agreement as 

11 soon as practicable after the determination 

12 by the State (or the Administrator) or the 

13 treating physician or nurse under that 

14 clause. 

15 ‘‘(D) NO PUBLIC DISCLOSURE RE16 QUIRED.—Nothing in subparagraph (A) or (B) 

17 authorizes a State (or the Administrator) to re18 quire the public disclosure of any proprietary 

19 chemical formula.’’. 

Æ 


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