I 
117TH CONGRESS 
1ST SESSION H. R. 2202 
To repeal the exemption for hydraulic fracturing in the Safe Drinking Water 
Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 26, 2021 
Ms. DEGETTE (for herself, Mr. CARTWRIGHT, Ms. SCHAKOWSKY, Ms. CLARKE 
of New York, Ms. BARRAGA´N, Mr. BEYER, Mr. BLUMENAUER, Ms. 
BONAMICI, Mr. COHEN, Mr. CONNOLLY, Ms. ESHOO, Mr. GRIJALVA, Mr. 
HASTINGS, Mr. HUFFMAN, Mr. JONES, Mr. KHANNA, Mr. LYNCH, Ms. 
MATSUI, Ms. MENG, Ms. MCCOLLUM, Mr. MORELLE, Mr. NADLER, Mrs. 
NAPOLITANO, Mr. NEGUSE, Ms. NORTON, Mr. RASKIN, Mr. SHERMAN, 
Mr. SIRES, Mr. SMITH of Washington, Mr. VARGAS, Ms. VELA´ZQUEZ, 
Mr. WELCH, and Mr. DESAULNIER) 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fracturing Responsi-
bility and Awareness of Chemicals Act of 2021’’. 
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SEC. 2. REGULATION OF HYDRAULIC FRACTURING. 
(a) HYDRAULIC FRACTURING.—Section 1421(d)(1) 
of the Safe Drinking Water Act (42 U.S.C. 300h(d)(1)) 
is amended by striking subparagraph (B) and inserting 
the following: 
‘‘(B) includes the underground injection of 
fluids or propping agents pursuant to hydraulic 
fracturing operations related to oil, gas, or geo-
thermal production activities; but 
‘‘(C) excludes the underground injection of 
natural gas for purposes of storage.’’. 
(b) DISCLOSURE
OF
HYDRAULIC
FRACTURING 
CHEMICALS; MEDICAL
EMERGENCIES; PROPRIETARY 
CHEMICAL FORMULAS.—Section 1421(b) of the Safe 
Drinking Water Act (42 U.S.C. 300h(b)) is amended by 
adding at the end the following: 
‘‘(4)(A) Regulations included under paragraph (1)(C) 
shall include the following requirements: 
‘‘(i) A person conducting hydraulic fracturing 
operations shall disclose to the State (or the Admin-
istrator if the Administrator has primary enforce-
ment responsibility in the State)— 
‘‘(I) prior to the commencement of any hy-
draulic fracturing operations at any lease area 
or portion thereof, a list of chemicals intended 
for use in any underground injection during 
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such operations, including identification of the 
chemical constituents of mixtures, Chemical Ab-
stracts Service numbers for each chemical and 
constituent, material safety data sheets when 
available, and the anticipated volume of each 
chemical; and 
‘‘(II) not later than 30 days after the end 
of any hydraulic fracturing operations, the list 
of chemicals used in each underground injection 
during such operations, including identification 
of the chemical constituents of mixtures, Chem-
ical Abstracts Service numbers for each chem-
ical and constituent, material safety data sheets 
when available, and the volume of each chemical 
used. 
‘‘(ii) The State or the Administrator, as appli-
cable, shall make the disclosure of chemical constitu-
ents referred to in clause (i) available to the public, 
including by posting the information on an appro-
priate internet website. 
‘‘(iii) Whenever the State or the Administrator, 
or a treating physician or nurse, determines that a 
medical emergency exists and the proprietary chem-
ical formula of a chemical used in hydraulic frac-
turing operations is necessary for medical treatment, 
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the person conducting the hydraulic fracturing oper-
ations shall, upon request, immediately disclose the 
proprietary chemical formulas or the specific chem-
ical identity of a trade secret chemical to the State, 
the Administrator, or the treating physician or 
nurse, regardless of whether a written statement of 
need or a confidentiality agreement has been pro-
vided. The person conducting the hydraulic frac-
turing operations may require a written statement of 
need and a confidentiality agreement as soon there-
after as circumstances permit. 
‘‘(B) Subparagraph (A)(i) and (A)(ii) do not author-
ize the State (or the Administrator) to require the public 
disclosure of proprietary chemical formulas.’’. 
Æ 
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