Fracturing Responsibility and Awareness of Chemicals Act of 2021
Bill: H.R.2202 | Sponsor: Rep. DeGette, Diana (D-CO)
Policy area: Environmental Protection

Summary:
Fracturing Responsibility and Awareness of Chemicals Act of 2021
This bill revises drinking water requirements concerning hydraulic fracturing (fracking) operations. Hydraulic fracturing, or fracking, is a process to extract underground resources such as oil or gas from a geologic formation by injecting water, a propping agent (e.g., sand), and chemical additives into a well under enough pressure to fracture the geologic formation.
The bill gives the Environmental Protection Agency (EPA) the authority to protect groundwater sources (e.g., wells) from certain pollution risks posed by fracking operations.
The bill also establishes requirements for disclosing the chemicals intended for use in fracking operations as well as the chemicals actually used in the operations. If the proprietary chemical formulas of chemicals used in fracking operations are necessary for treatment in medical emergencies, then the operations must disclose the formulas or the specific chemical identities of trade secret chemicals to the state, the EPA, or the treating physicians or nurses upon request, regardless of whether written statements of need or confidentiality agreements have been provided.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fracturing Responsibility and 
Awareness of Chemicals Act of 2021''.

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 geothermal 
                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 Administrator if the 
        Administrator has primary 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 
                underground injection during such operations, including 
                identification of the chemical constituents of 
                mixtures, Chemical Abstracts 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, Chemical Abstracts 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 Administrator, or a 
        treating physician or nurse, determines that a medical 
        emergency exists and the 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 
        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 provided. The person conducting the 
        hydraulic 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 formulas.''.
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