I 
118TH CONGRESS 
1ST SESSION H. R. 4785 
To repeal the exemption for hydraulic fracturing in the Safe Drinking Water 
Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 20, 2023 
Ms. DEGETTE (for herself, Mr. CARTWRIGHT, Ms. SCHAKOWSKY, Ms. CLARKE 
of New York, Mr. HUFFMAN, Mr. KHANNA, Mr. LYNCH, Mr. SMITH of 
Washington, Ms. NORTON, Ms. BARRAGA´N, Ms. BONAMICI, Mr. BEYER, 
Mr. SHERMAN, Mrs. NAPOLITANO, Mr. VARGAS, Mr. MORELLE, Mr. 
COHEN, Mr. DESAULNIER, Ms. VELA´ZQUEZ, Mr. POCAN, and Ms. TLAIB) 
introduced the following bill; which was referred to the Committee on En-
ergy 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 2023’’. 
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)) 
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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 
such operations, including identification of the 
chemical constituents of mixtures, Chemical Ab-
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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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