I 

116TH CONGRESS 

1ST SESSION H. R. 436 

To re-establish certain hydraulic fracturing chemical disclosure rules, standards for well construction, and waste management rules, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 10, 2019 

Mr. SOTO (for himself, Mr. PAYNE, Mr. QUIGLEY, Ms. WASSERMAN SCHULTZ, 

Mr. RASKIN, and Ms. MOORE) introduced the following bill; which was 

referred to the Committee on Energy and Commerce, and in addition to 

the Committees on Transportation and Infrastructure, and Natural Resources, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To re-establish certain hydraulic fracturing chemical disclosure rules, standards for well construction, and waste 

management rules, 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 ‘‘Fracking Disclosure 

5 and Safety Act’’. 


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1 SEC. 2. FRACKING REGULATION ON FEDERAL LANDS. 

2 (a) IN GENERAL.—Not later than 1 year after the 

3 date of the enactment of this Act, the Secretary of the 

4 Interior, acting through the Bureau of Land Management, 

5 shall issue regulations governing the use of hydraulic frac6 turing under oil and gas leases for Federal lands. 

7 (b) INCLUDED PROVISIONS.—The regulations issued 

8 pursuant to this section shall require the designated oper9 ator of an oil and gas lease to— 

10 (1) conduct baseline water testing prior to com11 mencing hydraulic fracturing operations; and 

12 (2) fully disclose to the public the chemicals 

13 used for hydraulic fracturing under such lease on an 

14 appropriate internet website. 

15 (c) INTERIM APPLICATION OF PRIOR RULE.—The 

16 final rule entitled ‘‘Oil and Gas; Hydraulic Fracturing on 

17 Federal and Indian Lands’’, as published in the Federal 

18 Register on March 26, 2015 (80 Fed. Reg. 16128), and 

19 corrected by the rule published on March 30, 2015 (80 

20 Fed. Reg. 16577), shall apply until the date of the publi21 cation of a final rule under subsection (a). 

22 SEC. 3. CLOSING LOOPHOLES. 

23 (a) SAFE DRINKING WATER ACT.— 

24 (1) HYDRAULIC FRACTURING.—Section 

25 1421(d)(1) of the Safe Drinking Water Act (42 


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1 U.S.C. 300h(d)(1)) is amended by striking subpara2 graph (B) and inserting the following: 

3 ‘‘(B)(i) includes the underground injection 

4 of fluids or propping agents pursuant to hy5 draulic fracturing operations related to oil, gas, 

6 or geothermal production activities; but 

7 ‘‘(ii) excludes the underground injection of 

8 natural gas for purposes of storage.’’. 

9 (2) DISCLOSURE OF HYDRAULIC FRACTURING

10 CHEMICALS; MEDICAL EMERGENCIES; PROPRIETARY

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

12 Drinking Water Act (42 U.S.C. 300H(b)) is amend13 ed by adding at the end the following: 

14 ‘‘(4)(A) Regulations included under paragraph 

15 (1)(B)(ii) shall include the following requirements: 

16 ‘‘(i) A person conducting hydraulic frac17 turing operations shall disclose to the State (or 

18 the Administrator if the Administrator has pri19 mary enforcement responsibility in the State)— 

20 ‘‘(I) prior to the commencement of 

21 any hydraulic fracturing operations at any 

22 lease area or portion thereof, a list of 

23 chemicals intended for use in any under24 ground injection during such operations, 

25 including identification of the chemical 


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1 constituents of mixtures, Chemical Ab2 stracts Service numbers for each chemical 

3 and constituent, material safety data 

4 sheets when available, and the anticipated 

5 volume of each chemical; and 

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

7 end of any hydraulic fracturing operations, 

8 the list of chemicals used in each under9 ground injection during such operations, 

10 including identification of the chemical 

11 constituents of mixtures, Chemical Ab12 stracts Service numbers for each chemical 

13 and constituent, material safety data 

14 sheets when available, and the volume of 

15 each chemical used. 

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

17 applicable, shall make the disclosure of chemical 

18 constituents referred to in clause (i) available to 

19 the public, including by posting the information 

20 on an appropriate internet website. 

21 ‘‘(iii) Whenever the State or the Adminis22 trator, or a treating physician or nurse, deter23 mines that a medical emergency exists and the 

24 proprietary chemical formula of a chemical used 

25 in hydraulic fracturing operations is necessary 


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1 for medical treatment, the person conducting 

2 the hydraulic fracturing operations shall, upon 

3 request, immediately disclose the proprietary 

4 chemical formulas or the specific chemical iden5 tity of a trade secret chemical to the State, the 

6 Administrator, or the treating physician or 

7 nurse, regardless of whether a written state8 ment of need or a confidentiality agreement has 

9 been provided. The person conducting the hy10 draulic fracturing operations may require a 

11 written statement of need and a confidentiality 

12 agreement as soon thereafter as circumstances 

13 permit. 

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

15 authorize the State (or the Administrator) to require 

16 the public disclosure of proprietary chemical for17 mulas.’’. 

18 (b) CLEAN WATER ACT.— 

19 (1) LIMITATION ON PERMIT REQUIREMENT.— 

20 Section 402(l) of the Federal Water Pollution Con21 trol Act (33 U.S.C. 1342) is amended by striking 

22 paragraph (2) and redesignating paragraph (3) as 

23 paragraph (2). 


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1 (2) DEFINITIONS.—Section 502 of the Federal 

2 Water Pollution Control Act (33 U.S.C. 1362) is 

3 amended— 

4 (A) by striking paragraph (24); and 

5 (B) by redesignating paragraphs (25) and 

6 (26) as paragraphs (24) and (25), respectively. 

7 (3) STUDY.— 

8 (A) IN GENERAL.—The Secretary of the 

9 Interior shall conduct a study of stormwater 

10 impacts with respect to any area that the Sec11 retary determines may be contaminated by 

12 stormwater runoff associated with oil or gas op13 erations, which shall include— 

14 (i) an analysis of measurable contami15 nation in such area; 

16 (ii) an analysis of ground water re17 sources in such area; and 

18 (iii) an analysis of the susceptibility of 

19 aquifers in such area to contamination 

20 from stormwater runoff associated with 

21 such operations. 

22 (B) REPORT.—Not later than 1 year after 

23 the date of enactment of this section, the Sec24 retary shall submit to Congress a report on the 


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1 results of studies conducted under subpara2 graph (A). 

3 (c) CLEAN AIR ACT.— 

4 (1) REPEAL OF EXEMPTION FOR AGGREGATION

5 OF EMISSIONS FROM OIL AND GAS SOURCES.—Sec6 tion 112(n) of the Clean Air Act (42 U.S.C. 

7 7412(n)) is amended by striking paragraph (4). 

8 (2) HYDROGEN SULFIDE AS A HAZARDOUS AIR

9 POLLUTANT.—The Administrator of the Environ10 mental Protection Agency shall— 

11 (A) not later than 180 days after the date 

12 of enactment of this Act, issue a final rule add13 ing hydrogen sulfide to the list of hazardous air 

14 pollutants under section 112(b) of the Clean 

15 Air Act (42 U.S.C. 7412(b)); and 

16 (B) not later than 365 days after a final 

17 rule under subparagraph (A) is issued, revise 

18 the list under section 112(c) of such Act (42 

19 U.S.C. 7412(c)) to include categories and sub20 categories of major sources and area sources of 

21 hydrogen sulfide, including oil and gas wells. 

22 (d) SOLID WASTE DISPOSAL ACT.— 

23 (1) IDENTIFICATION OR LISTING, AND REGULA24 TION, UNDER SUBTITLE C.—Paragraph (2) of secVerDate Sep 11 2014 03:03 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H436.IH H436

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1 tion 3001(b) of the Solid Waste Disposal Act (42 

2 U.S.C. 6921(b)) is amended to read as follows: 

3 ‘‘(2) Not later than 1 year after the date of en4 actment of the Fracking Disclosure and Safety Act, 

5 the Administrator shall— 

6 ‘‘(A) determine whether drilling fluids, pro7 duced waters, and other wastes associated with 

8 the exploration, development, or production of 

9 crude oil, natural gas, or geothermal energy 

10 meet the criteria promulgated under this sec11 tion for the identification or listing of haz12 ardous waste; 

13 ‘‘(B) identify or list as hazardous waste 

14 any drilling fluids, produced waters, or other 

15 wastes associated with the exploration, develop16 ment, or production of crude oil, natural gas, or 

17 geothermal energy that the Administrator de18 termines, pursuant to subparagraph (A), meet 

19 the criteria promulgated under this section for 

20 the identification or listing of hazardous waste; 

21 and 

22 ‘‘(C) promulgate regulations under sections 

23 3002, 3003, and 3004 for wastes identified or 

24 listed as hazardous waste pursuant to subpara25 graph (B), except that the Administrator is auVerDate Sep 11 2014 03:03 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H436.IH H436

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1 thorized to modify the requirements of such 

2 sections to take into account the special charac3 teristics of such wastes so long as such modified 

4 requirements protect human health and the en5 vironment.’’. 

6 (2) REGULATION UNDER SUBTITLE D.—Section 

7 4010(c) of the Solid Waste Disposal Act (42 U.S.C. 

8 6949a(c)) is amended by adding at the end the fol9 lowing new paragraph: 

10 ‘‘(7) DRILLING FLUIDS, PRODUCED WATERS, 

11 AND OTHER WASTES ASSOCIATED WITH THE EXPLO12 RATION, DEVELOPMENT, OR PRODUCTION OF CRUDE

13 OIL, NATURAL GAS, OR GEOTHERMAL ENERGY.—Not 

14 later than 1 year after the date of enactment of the 

15 Fracking Disclosure and Safety Act, the Adminis16 trator shall promulgate revisions of the criteria pro17 mulgated under section 4004(a) and under section 

18 1008(a)(3) for facilities that may receive drilling 

19 fluids, produced waters, or other wastes associated 

20 with the exploration, development, or production of 

21 crude oil, natural gas, or geothermal energy, that 

22 are not identified or listed as hazardous waste pur23 suant to section 3001(b)(2). The criteria shall be 

24 those necessary to protect human health and the en25 vironment and may take into account the practicable 


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1 capability of such facilities. At a minimum, such re2 visions for facilities potentially receiving such wastes 

3 should require ground water monitoring as necessary 

4 to detect contamination, establish criteria for the ac5 ceptable location of new or existing facilities, and 

6 provide for corrective action and financial assurance 

7 as appropriate.’’. 

Æ 


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