I 
116TH CONGRESS 
1ST SESSION 
H. R. 436 
To re-establish certain hydraulic fracturing chemical disclosure rules, stand-
ards 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 Re-
sources, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To re-establish certain hydraulic fracturing chemical disclo-
sure rules, standards for well construction, and waste 
management rules, 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 ‘‘Fracking Disclosure 
and Safety Act’’. 
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SEC. 2. FRACKING REGULATION ON FEDERAL LANDS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary of the 
Interior, acting through the Bureau of Land Management, 
shall issue regulations governing the use of hydraulic frac-
turing under oil and gas leases for Federal lands. 
(b) INCLUDED PROVISIONS.—The regulations issued 
pursuant to this section shall require the designated oper-
ator of an oil and gas lease to— 
(1) conduct baseline water testing prior to com-
mencing hydraulic fracturing operations; and 
(2) fully disclose to the public the chemicals 
used for hydraulic fracturing under such lease on an 
appropriate internet website. 
(c) INTERIM APPLICATION OF PRIOR RULE.—The 
final rule entitled ‘‘Oil and Gas; Hydraulic Fracturing on 
Federal and Indian Lands’’, as published in the Federal 
Register on March 26, 2015 (80 Fed. Reg. 16128), and 
corrected by the rule published on March 30, 2015 (80 
Fed. Reg. 16577), shall apply until the date of the publi-
cation of a final rule under subsection (a). 
SEC. 3. CLOSING LOOPHOLES. 
(a) SAFE DRINKING WATER ACT.— 
(1) 
HYDRAULIC
FRACTURING.—Section 
1421(d)(1) of the Safe Drinking Water Act (42 
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U.S.C. 300h(d)(1)) is amended by striking subpara-
graph (B) and inserting the following: 
‘‘(B)(i) includes the underground injection 
of fluids or propping agents pursuant to hy-
draulic fracturing operations related to oil, gas, 
or geothermal production activities; but 
‘‘(ii) excludes the underground injection of 
natural gas for purposes of storage.’’. 
(2) 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 amend-
ed by adding at the end the following: 
‘‘(4)(A) Regulations included under paragraph 
(1)(B)(ii) 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-
ground injection during such operations, 
including identification of the chemical 
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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 
proprietary chemical formula of a chemical used 
in hydraulic fracturing operations is necessary 
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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) Subparagraphs (A)(i) and (A)(ii) do not 
authorize the State (or the Administrator) to require 
the public disclosure of proprietary chemical for-
mulas.’’. 
(b) CLEAN WATER ACT.— 
(1) LIMITATION ON PERMIT REQUIREMENT.— 
Section 402(l) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1342) is amended by striking 
paragraph (2) and redesignating paragraph (3) as 
paragraph (2). 
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(2) DEFINITIONS.—Section 502 of the Federal 
Water Pollution Control Act (33 U.S.C. 1362) is 
amended— 
(A) by striking paragraph (24); and 
(B) by redesignating paragraphs (25) and 
(26) as paragraphs (24) and (25), respectively. 
(3) STUDY.— 
(A) IN GENERAL.—The Secretary of the 
Interior shall conduct a study of stormwater 
impacts with respect to any area that the Sec-
retary determines may be contaminated by 
stormwater runoff associated with oil or gas op-
erations, which shall include— 
(i) an analysis of measurable contami-
nation in such area; 
(ii) an analysis of ground water re-
sources in such area; and 
(iii) an analysis of the susceptibility of 
aquifers in such area to contamination 
from stormwater runoff associated with 
such operations. 
(B) REPORT.—Not later than 1 year after 
the date of enactment of this section, the Sec-
retary shall submit to Congress a report on the 
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results of studies conducted under subpara-
graph (A). 
(c) CLEAN AIR ACT.— 
(1) REPEAL OF EXEMPTION FOR AGGREGATION 
OF EMISSIONS FROM OIL AND GAS SOURCES.—Sec-
tion 112(n) of the Clean Air Act (42 U.S.C. 
7412(n)) is amended by striking paragraph (4). 
(2) HYDROGEN SULFIDE AS A HAZARDOUS AIR 
POLLUTANT.—The Administrator of the Environ-
mental Protection Agency shall— 
(A) not later than 180 days after the date 
of enactment of this Act, issue a final rule add-
ing hydrogen sulfide to the list of hazardous air 
pollutants under section 112(b) of the Clean 
Air Act (42 U.S.C. 7412(b)); and 
(B) not later than 365 days after a final 
rule under subparagraph (A) is issued, revise 
the list under section 112(c) of such Act (42 
U.S.C. 7412(c)) to include categories and sub-
categories of major sources and area sources of 
hydrogen sulfide, including oil and gas wells. 
(d) SOLID WASTE DISPOSAL ACT.— 
(1) IDENTIFICATION OR LISTING, AND REGULA-
TION, UNDER SUBTITLE C.—Paragraph (2) of sec-
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tion 3001(b) of the Solid Waste Disposal Act (42 
U.S.C. 6921(b)) is amended to read as follows: 
‘‘(2) Not later than 1 year after the date of en-
actment of the Fracking Disclosure and Safety Act, 
the Administrator shall— 
‘‘(A) determine whether drilling fluids, pro-
duced waters, and other wastes associated with 
the exploration, development, or production of 
crude oil, natural gas, or geothermal energy 
meet the criteria promulgated under this sec-
tion for the identification or listing of haz-
ardous waste; 
‘‘(B) identify or list as hazardous waste 
any drilling fluids, produced waters, or other 
wastes associated with the exploration, develop-
ment, or production of crude oil, natural gas, or 
geothermal energy that the Administrator de-
termines, pursuant to subparagraph (A), meet 
the criteria promulgated under this section for 
the identification or listing of hazardous waste; 
and 
‘‘(C) promulgate regulations under sections 
3002, 3003, and 3004 for wastes identified or 
listed as hazardous waste pursuant to subpara-
graph (B), except that the Administrator is au-
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thorized to modify the requirements of such 
sections to take into account the special charac-
teristics of such wastes so long as such modified 
requirements protect human health and the en-
vironment.’’. 
(2) REGULATION UNDER SUBTITLE D.—Section 
4010(c) of the Solid Waste Disposal Act (42 U.S.C. 
6949a(c)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(7) DRILLING
FLUIDS, PRODUCED
WATERS, 
AND OTHER WASTES ASSOCIATED WITH THE EXPLO-
RATION, DEVELOPMENT, OR PRODUCTION OF CRUDE 
OIL, NATURAL GAS, OR GEOTHERMAL ENERGY.—Not 
later than 1 year after the date of enactment of the 
Fracking Disclosure and Safety Act, the Adminis-
trator shall promulgate revisions of the criteria pro-
mulgated under section 4004(a) and under section 
1008(a)(3) for facilities that may receive drilling 
fluids, produced waters, or other wastes associated 
with the exploration, development, or production of 
crude oil, natural gas, or geothermal energy, that 
are not identified or listed as hazardous waste pur-
suant to section 3001(b)(2). The criteria shall be 
those necessary to protect human health and the en-
vironment and may take into account the practicable 
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capability of such facilities. At a minimum, such re-
visions for facilities potentially receiving such wastes 
should require ground water monitoring as necessary 
to detect contamination, establish criteria for the ac-
ceptable location of new or existing facilities, and 
provide for corrective action and financial assurance 
as appropriate.’’. 
Æ 
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