Title: Fracturing Responsibility and Awareness of Chemicals Act of 2017
Policy area: Environmental Protection

Summary:
Fracturing Responsibility and Awareness of Chemicals Act of 2017
This bill repeals the exemption for hydraulic fracturing operations related to oil, gas, or geothermal production activities under the Safe Drinking Water Act. 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 geological formation.
The chemicals intended for use in underground injections must be disclosed before the hydraulic fracturing operations commence. The chemicals actually used must also be disclosed at the end of the operations. The disclosure must be made to state underground injection programs or the Environmental Protection Agency (EPA) if the EPA has primary enforcement responsibility in the state. The state or the EPA must make the disclosure available to the public.
When a medical emergency exists and the proprietary chemical formula of a chemical used in the operations is necessary for medical treatment, hydraulic fracturing operations must disclose the formula or the specific chemical identity of a trade secret chemical to the state, the EPA, or the treating physician or nurse upon request, regardless of whether a written statement of need or a confidentiality agreement has been provided. Hydraulic fracturing operations may require a written statement of need and a confidentiality agreement as soon thereafter as circumstances permit.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2012 Introduced in House (IH)]

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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. Schakowsky, 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. Norton, 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. Lofgren) 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 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 2017''.

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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