I 
115TH CONGRESS 
1ST SESSION H. R. 2012 
To repeal the exemption for hydraulic fracturing in the Safe Drinking Water 
Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 6, 2017 
Ms. DEGETTE (for herself, Mr. SMITH of Washington, Mr. TONKO, Ms. 
MCCOLLUM, Mr. GRIJALVA, Ms. TSONGAS, Mr. TAKANO, Ms. SCHA-
KOWSKY, Mr. POLIS, Mr. CARTWRIGHT, Mr. CAPUANO, Mr. SCOTT of 
Virginia, Ms. LEE, Mr. SWALWELL of California, Mr. ENGEL, Mr. 
POCAN, Mr. CONNOLLY, Mr. BLUMENAUER, Mr. SARBANES, Ms. NOR-
TON, Mr. QUIGLEY, Mr. HUFFMAN, Ms. ESHOO, Mrs. CAROLYN B. 
MALONEY of New York, Mr. SERRANO, Mr. YARMUTH, Mr. BEYER, Mr. 
PALLONE, Ms. MENG, Ms. MAXINE WATERS of California, and Ms. LOF-
GREN) 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 2017’’. 
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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 frac-
turing operations shall disclose to the State (or 
the Administrator if the Administrator has pri-
mary enforcement responsibility in the State)— 
‘‘(I) prior to the commencement of 
any hydraulic fracturing operations at any 
lease area or portion thereof, a list of 
chemicals intended for use in any under-
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ground injection during 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 under-
ground injection during 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 volume of 
each chemical used. 
‘‘(ii) The State or the Administrator, as 
applicable, shall make the disclosure of chemical 
constituents referred to in clause (i) available to 
the public, including by posting the information 
on an appropriate Internet website. 
‘‘(iii) Whenever the State or the Adminis-
trator, or a treating physician or nurse, deter-
mines that a medical emergency exists and the 
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proprietary chemical formula of a chemical used 
in hydraulic fracturing operations is necessary 
for medical treatment, the person conducting 
the hydraulic fracturing operations shall, upon 
request, immediately disclose the proprietary 
chemical formulas or the specific chemical iden-
tity of a trade secret chemical to the State, the 
Administrator, or the treating physician or 
nurse, regardless of whether a written state-
ment of need or a confidentiality agreement has 
been provided. The person conducting the hy-
draulic fracturing operations may require a 
written statement of need and a confidentiality 
agreement as soon thereafter as circumstances 
permit. 
‘‘(B) Subparagraph (A)(i) and (A)(ii) do not 
authorize the State (or the Administrator) to require 
the public disclosure of proprietary chemical for-
mulas.’’. 
Æ 
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