[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3062 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 3062
To amend the Safe Drinking Water Act to repeal a certain exemption for
hydraulic fracturing, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 17, 2019
Mr. Casey introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Safe Drinking Water Act to repeal a certain exemption for
hydraulic fracturing, 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 2019'' or the ``FRAC Act of 2019''.
SEC. 2. REGULATION OF HYDRAULIC FRACTURING.
(a) Underground Injection.--Section 1421(d) of the Safe Drinking
Water Act (42 U.S.C. 300h(d)) is amended by striking paragraph (1) and
inserting the following:
``(1) Underground injection.--
``(A) In general.--The term `underground injection'
means the subsurface emplacement of fluids by well
injection.
``(B) Inclusion.--The term `underground injection'
includes the underground injection of fluids or
propping agents pursuant to hydraulic fracturing
operations relating to oil or natural gas production
activities.
``(C) Exclusion.--The term `underground injection'
does not include the underground injection of natural
gas for the purpose of storage.''.
(b) State Primary Enforcement Relating to Hydraulic Fracturing
Operations.--Section 1422 of the Safe Drinking Water Act (42 U.S.C.
300h-1) is amended by adding at the end the following:
``(f) Hydraulic Fracturing Operations.--
``(1) In general.--Consistent with such regulations as the
Administrator may prescribe, a State may seek primary
enforcement responsibility for hydraulic fracturing operations
for oil and natural gas without seeking to assume primary
enforcement responsibility for other types of underground
injection control wells, including underground injection
control wells that inject brine or other fluids that are
brought to the surface in connection with oil and natural gas
production or any underground injection for the secondary or
tertiary recovery of oil or natural gas.
``(2) Administration.--
``(A) In general.--Paragraph (1) shall not apply
until the date that is 1 year after the date on which
the Administrator publishes in the Federal Register any
regulations promulgated under that paragraph.
``(B) Effect on administrator.--Nothing in this
subsection affects the authority of the Administrator
to approve State programs that assume primary
enforcement responsibility for only certain types of
underground injection control wells.''.
(c) Disclosure.--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) Disclosures of chemical constituents.--
``(A) In general.--A person conducting hydraulic
fracturing operations shall disclose to the State (or
to the Administrator, in any case in which the
Administrator has primary enforcement responsibility in
a State), by not later than such deadlines as shall be
established by the State (or the Administrator)--
``(i) before the commencement of any
hydraulic fracturing operations at any lease
area or a portion of a lease area, a list of
chemicals and proppants intended for use in any
underground injection during the operations
(including identification of the chemical
constituents of mixtures, Chemical Abstracts
Service numbers for each chemical and
constituent, material safety data sheets if
available, and the anticipated amount of each
chemical to be used); and
``(ii) after the completion of hydraulic
fracturing operations described in clause (i),
the list of chemicals and proppants used in
each underground injection during the
operations (including identification of the
chemical constituents of mixtures, Chemical
Abstracts Service numbers for each chemical and
constituent, material safety data sheets if
available, and the amount of each chemical
used).
``(B) Public availability.--The State or the
Administrator, as applicable, shall--
``(i) ensure the accuracy and completeness
of the information required under subparagraph
(A); and
``(ii) make available to the public the
information contained in each disclosure
required under subparagraph (A), including by
posting the information on a single, searchable
internet website such that all the information
disclosed to the State or Administrator, as
applicable, under that subparagraph is
contained on the same internet website.
``(C) Immediate disclosure in case of medical need
or emergency.--
``(i) In general.--Subject to clause (ii),
the regulations promulgated pursuant to
subsection (a) shall require that, in any case
in which the State or the Administrator, as
applicable, a first responder, or healthcare
practitioner determines that the proprietary
chemical formula or specific chemical identity
of a trade-secret chemical used in hydraulic
fracturing is necessary for medical diagnosis,
treatment, or emergency response, the
applicable person using hydraulic fracturing
shall, on request, immediately disclose to the
State, the Administrator, first responder, or
healthcare practitioner the proprietary
chemical formula or specific chemical identity
of a trade-secret chemical, regardless of the
existence of--
``(I) a written statement of need;
or
``(II) a confidentiality agreement.
``(ii) Requirement.--A person using
hydraulic fracturing that makes a disclosure
required under clause (i) may require the
execution of a written statement of need and a
confidentiality agreement as soon as
practicable after the determination by the
State, Administrator, first responder, or
healthcare practitioner, as applicable, under
that clause.
``(iii) Professional necessity.--
``(I) In general.--Subject to
subclause (II), a first responder or
healthcare practitioner may share any
information disclosed under clause (i)
with other persons if the information
is medically necessary.
``(II) Restriction.--A first
responder or healthcare practitioner
described in subclause (I) shall not
make publicly available any information
disclosed under clause (i).
``(D) No public disclosure required.--Nothing in
subparagraph (A), (B), or (C) authorizes a State or the
Administrator to publicly disclose any proprietary
chemical formula.''.
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