[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6112 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 6112
To require operators of oil and gas production facilities to take
certain measures to protect drinking water, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 5, 2020
Mr. Huffman (for himself, Mr. Lowenthal, Mr. Grijalva, and Ms.
Barragan) introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committees on
Energy and Commerce, and Transportation and Infrastructure, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To require operators of oil and gas production facilities to take
certain measures to protect drinking water, 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 ``Oil and Water Don't Mix Act of
2020''.
SEC. 2. PROTECTION OF WATER RESOURCES.
(a) Mineral Leasing Act Requirements.--Section 17 of the Mineral
Leasing Act (30 U.S.C. 226) is amended--
(1) in subsection (g) by striking ``lands or surface waters
adversely'' and inserting ``surface or ground waters or lands
adversely'';
(2) by redesignating subsection (p) as subsection (q); and
(3) by inserting after subsection (o) the following:
``(p) Water Requirements.--
``(1) An operator producing oil or gas (including coalbed
methane) under a lease issued under this Act shall--
``(A) replace the water supply of a water user who
obtains all or part of such user's supply of water from
an underground or surface source that has been affected
by contamination, diminution, or interruption
proximately resulting from drilling, fracking, or
production operations for such production;
``(B) ensure that if a surface or ground water
source is affected by contamination, diminution, or
interruption proximately resulting from such
production, best management practices and appropriately
available technologies are used to prevent, to the
maximum extent possible, the long-term or permanent
degradation of the surface or ground water source; and
``(C) comply with all applicable requirements of
Federal and State law with respect to--
``(i) discharge of any water produced under
the lease; and
``(ii) activities that would divert or
otherwise alter a surface or ground water
source or lead to a discharge not covered by
clause (i).
``(2) An application for a permit to drill under a lease
under this Act shall be accompanied by a proposed water
management plan including provisions to--
``(A) protect the quantity and quality of surface
and ground water systems, both on-site and off-site,
from adverse effects of the exploration, development,
and reclamation processes or to provide alternative
sources of water if such protection cannot be assured;
``(B) protect the rights of present users of water
that would be affected by operations under the lease,
including the discharge of any water produced in
connection with such operations that is not reinjected;
and
``(C) identify any agreements with other parties
for the beneficial use of produced waters and the steps
that will be taken to comply with State and Federal
laws related to such use.
``(3) The Secretary may not approve an application if the
Secretary determines that the applicant did not submit a water
management plan that meets the requirements described in
paragraph (2).''.
(b) Relation to State Law.--Nothing in this section or any
amendment made by this section shall be construed as--
(1) impairing or in any manner affecting any right or
jurisdiction of any State with respect to the waters of such
State; or
(2) limiting, altering, modifying, or amending any of the
interstate compacts or equitable apportionment decrees that
apportion water among and between States.
SEC. 3. FRACKING REGULATION ON FEDERAL LANDS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of the Interior, acting through the Bureau
of Land Management, shall issue regulations governing the use of
hydraulic fracturing under oil and gas leases for Federal lands.
(b) Included Provisions.--The regulations under this section shall
require--
(1) baseline water testing, the results of which shall be
posted on an appropriate internet website; and
(2) public disclosure of each chemical used for hydraulic
fracturing 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 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 effective date of a final rule under
subsection (a).
SEC. 4. CLOSING LOOPHOLES.
(a) Safe Drinking Water Act.--
(1) Underground injection.--Section 1421(d)(1) of the Safe
Drinking Water Act (42 U.S.C. 300h(d)(1)) is amended--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon; and
(B) 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; and
``(C) excludes the underground injection of natural
gas for purposes of storage.''.
(2) Disclosure of 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 underground injection 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 underground
injection 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;
``(II) the results of baseline water testing;
``(III) not later than 30 days after the end of any
underground injection 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;
``(IV) for continuous injection operations, such as
enhanced recovery or disposal, a fluid analysis report,
which shall be submitted on a quarterly basis and shall
include a complete chemical analysis of all injected
fluids; and
``(V) for any underground injection operation that
results in fluids returning to the surface, such as
flowback after hydraulic fracturing or produced water
recovered from an enhanced recovery project, a
quarterly report of recovered fluids that includes the
source, volume, and specific composition and
disposition of all water, including water used as base
fluid during the injection operation and produced water
that is recovered from the well following injection and
during the production phase.
``(ii) The State or the Administrator, as applicable, shall
make the disclosure of baseline water testing results and
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 underground injection operations is necessary
for medical treatment, the person conducting the underground
injection 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
underground injection operations may require a written
statement of need and a confidentiality agreement as soon
thereafter as circumstances permit.
``(B) Notwithstanding any other provision of law, none of the
following information shall be protected as a trade secret:
``(i) The identities, including Chemical Abstracts Service
identification numbers, of the chemical constituents of
additives used in underground injection projects, including
well stimulation treatment fluids and routine maintenance
fluids.
``(ii) The concentrations of the additives in fluids used
in underground injection projects.
``(iii) Any air or other pollution monitoring data.
``(iv) Health and safety data associated with fluids used
in underground injection.
``(v) The chemical composition of recovered fluids or
fluids injected for disposal.''.
(b) Clean Water Act.--
(1) Limitation on permit requirement.--Section 402(l) of
the Federal Water Pollution Control Act (33 U.S.C. 1342) is
amended by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2).
(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), (26), and
(27) as paragraphs (24), (25), and (26), 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 Secretary determines may
be contaminated by stormwater runoff associated with
oil or gas operations, which shall include--
(i) an analysis of measurable contamination
in such area;
(ii) an analysis of ground water resources
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 Secretary shall
submit to Congress a report on the results of studies
conducted under subparagraph (A).
(c) Clean Air Act.--
(1) Repeal of exemption for aggregation of emissions from
oil and gas sources.--Section 112(n) of the Clean Air Act (42
U.S.C. 7412(n)) is amended--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5), (6), and (7)
as paragraphs (4), (5), and (6), respectively.
(2) Hydrogen sulfide as a hazardous air pollutant.--The
Administrator of the Environmental Protection Agency shall--
(A) not later than 180 days after the date of
enactment of this Act, issue a final rule adding
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 paragraph (1) is issued, revise the list under
section 112(c) of such Act (42 U.S.C. 7412(c)) to
include categories and subcategories of major sources
and area sources of hydrogen sulfide, including oil and
gas wells.
(d) Solid Waste Disposal Act.--
(1) Identification or listing, and regulation under
subtitle c.--Paragraph (2) of section 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 enactment of
the Oil and Water Don't Mix Act of 2020, the Administrator
shall--
``(A) determine whether drilling fluids, produced
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 section for the identification
or listing of hazardous waste;
``(B) identify or list as hazardous waste any
drilling fluids, produced waters, or other wastes
associated with the exploration, development, or
production of crude oil, natural gas, or geothermal
energy that the Administrator determines, pursuant to
subparagraph (A), meet the criteria promulgated under
this section for the identification or listing of
hazardous waste; and
``(C) promulgate regulations under this subtitle
for wastes identified or listed as hazardous waste
pursuant to subparagraph (B), except that the
Administrator is authorized to modify the requirements
of this subtitle to take into account the special
characteristics of such wastes so long as such modified
requirements protect human health and the
environment.''.
(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 following new paragraph:
``(7) Drilling fluids, produced waters, and other wastes
associated with the exploration, development, or production of
crude oil, natural gas, or geothermal energy.--Not later than 1
year after the date of enactment of the Oil and Water Don't Mix
Act of 2020, the Administrator shall promulgate revisions of
the criteria promulgated 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 pursuant to section 3001(b)(2). The criteria
shall be those necessary to protect human health and the
environment and may take into account the practicable
capability of such facilities. At a minimum such revisions for
facilities potentially receiving such wastes should require
ground water monitoring as necessary to detect contamination,
establish criteria for the acceptable location of new or
existing facilities, and provide for corrective action and
financial assurance as appropriate.''.
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