II 

111TH CONGRESS 

1ST SESSION S. 1215 

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 

JUNE 9, 2009 

Mr. CASEY (for himself and Mr. SCHUMER) 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 (FRAC) Act’’. 

6 SEC. 2. REGULATION OF HYDRAULIC FRACTURING. 

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

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

9 amended by striking paragraph (1) and inserting the fol10 lowing: 

WWOODS2 on PRODPC68 with BILLS

2 

•S 1215 IS

1 ‘‘(1) UNDERGROUND INJECTION.— 

2 ‘‘(A) IN GENERAL.—The term ‘under3 ground injection’ means the subsurface em4 placement of fluids by well injection. 

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

6 injection’ includes the underground injection of 

7 fluids or propping agents pursuant to hydraulic 

8 fracturing operations relating to oil or gas pro9 duction activities. 

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

11 injection’ does not include the underground in12 jection of natural gas for the purpose of stor13 age.’’. 

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

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

16 (1) in paragraph (1)(C), by inserting before the 

17 semicolon the following: ‘‘, including a requirement 

18 that any person using hydraulic fracturing disclose 

19 to the State (or to the Administrator in any case in 

20 which the Administrator has primary enforcement 

21 responsibility in a State) the chemical constituents 

22 (but not the proprietary chemical formulas) used in 

23 the fracturing process’’; and 

24 (2) by adding at the end the following: 

WWOODS2 on PRODPC68 with BILLS

3 

•S 1215 IS

1 ‘‘(4) DISCLOSURES OF CHEMICAL CONSTITU2 ENTS.— 

3 ‘‘(A) IN GENERAL.—The State (or the Ad4 ministrator, as applicable) shall make available 

5 to the public the information contained in each 

6 disclosure of chemical constituents under para7 graph (1)(C), including by posting the informa8 tion on an appropriate Internet website. 

9 ‘‘(B) IMMEDIATE DISCLOSURE IN CASE OF

10 EMERGENCY.— 

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

12 (ii), the regulations promulgated pursuant 

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

14 case in which the State (or the Adminis15 trator, as applicable) or an appropriate 

16 treating physician or nurse determines that 

17 a medical emergency exists and the propri18 etary chemical formula or specific chemical 

19 identity of a trade-secret chemical used in 

20 hydraulic fracturing is necessary for emer21 gency or first-aid treatment, the applicable 

22 person using hydraulic fracturing shall im23 mediately disclose to the State (or the Ad24 ministrator) or the treating physician or 

25 nurse the proprietary chemical formula or 

WWOODS2 on PRODPC68 with BILLS

4 

•S 1215 IS

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.’’. 

Æ 

WWOODS2 on PRODPC68 with BILLS