Fracking Disclosure and Safety Act

I 116TH CONGRESS 1ST SESSION H. R. 436 To re-establish certain hydraulic fracturing chemical disclosure rules, stand- ards for well construction, and waste management rules, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 10, 2019 Mr. SOTO (for himself, Mr. PAYNE, Mr. QUIGLEY, Ms. WASSERMAN SCHULTZ, Mr. RASKIN, and Ms. MOORE) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and Natural Re- sources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned A BILL To re-establish certain hydraulic fracturing chemical disclo- sure rules, standards for well construction, and waste management rules, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Fracking Disclosure 4 and Safety Act’’. 5 VerDate Sep 11 2014 22:30 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H436.IH H436 pbinns on DSK79D2C42PROD with BILLS 2 •HR 436 IH SEC. 2. FRACKING REGULATION ON FEDERAL LANDS. 1 (a) IN GENERAL.—Not later than 1 year after the 2 date of the enactment of this Act, the Secretary of the 3 Interior, acting through the Bureau of Land Management, 4 shall issue regulations governing the use of hydraulic frac- 5 turing under oil and gas leases for Federal lands. 6 (b) INCLUDED PROVISIONS.—The regulations issued 7 pursuant to this section shall require the designated oper- 8 ator of an oil and gas lease to— 9 (1) conduct baseline water testing prior to com- 10 mencing hydraulic fracturing operations; and 11 (2) fully disclose to the public the chemicals 12 used for hydraulic fracturing under such lease on an 13 appropriate internet website. 14 (c) INTERIM APPLICATION OF PRIOR RULE.—The 15 final rule entitled ‘‘Oil and Gas; Hydraulic Fracturing on 16 Federal and Indian Lands’’, as published in the Federal 17 Register on March 26, 2015 (80 Fed. Reg. 16128), and 18 corrected by the rule published on March 30, 2015 (80 19 Fed. Reg. 16577), shall apply until the date of the publi- 20 cation of a final rule under subsection (a). 21 SEC. 3. CLOSING LOOPHOLES. 22 (a) SAFE DRINKING WATER ACT.— 23 (1) HYDRAULIC FRACTURING.—Section 24 1421(d)(1) of the Safe Drinking Water Act (42 25 VerDate Sep 11 2014 22:30 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H436.IH H436 pbinns on DSK79D2C42PROD with BILLS 3 •HR 436 IH U.S.C. 300h(d)(1)) is amended by striking subpara- 1 graph (B) and inserting the following: 2 ‘‘(B)(i) includes the underground injection 3 of fluids or propping agents pursuant to hy- 4 draulic fracturing operations related to oil, gas, 5 or geothermal production activities; but 6 ‘‘(ii) excludes the underground injection of 7 natural gas for purposes of storage.’’. 8 (2) DISCLOSURE OF HYDRAULIC FRACTURING 9 CHEMICALS; MEDICAL EMERGENCIES; PROPRIETARY 10 CHEMICAL FORMULAS.—Section 1421(b) of the Safe 11 Drinking Water Act (42 U.S.C. 300H(b)) is amend- 12 ed by adding at the end the following: 13 ‘‘(4)(A) Regulations included under paragraph 14 (1)(B)(ii) shall include the following requirements: 15 ‘‘(i) A person conducting hydraulic frac- 16 turing operations shall disclose to the State (or 17 the Administrator if the Administrator has pri- 18 mary enforcement responsibility in the State)— 19 ‘‘(I) prior to the commencement of 20 any hydraulic fracturing operations at any 21 lease area or portion thereof, a list of 22 chemicals intended for use in any under- 23 ground injection during such operations, 24 including identification of the chemical 25 VerDate Sep 11 2014 03:03 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H436.IH H436 pbinns on DSK79D2C42PROD with BILLS 4 •HR 436 IH constituents of mixtures, Chemical Ab- 1 stracts Service numbers for each chemical 2 and constituent, material safety data 3 sheets when available, and the anticipated 4 volume of each chemical; and 5 ‘‘(II) not later than 30 days after the 6 end of any hydraulic fracturing operations, 7 the list of chemicals used in each under- 8 ground injection during such operations, 9 including identification of the chemical 10 constituents of mixtures, Chemical Ab- 11 stracts Service numbers for each chemical 12 and constituent, material safety data 13 sheets when available, and the volume of 14 each chemical used. 15 ‘‘(ii) The State or the Administrator, as 16 applicable, shall make the disclosure of chemical 17 constituents referred to in clause (i) available to 18 the public, including by posting the information 19 on an appropriate internet website. 20 ‘‘(iii) Whenever the State or the Adminis- 21 trator, or a treating physician or nurse, deter- 22 mines that a medical emergency exists and the 23 proprietary chemical formula of a chemical used 24 in hydraulic fracturing operations is necessary 25 VerDate Sep 11 2014 03:03 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H436.IH H436 pbinns on DSK79D2C42PROD with BILLS 5 •HR 436 IH for medical treatment, the person conducting 1 the hydraulic fracturing operations shall, upon 2 request, immediately disclose the proprietary 3 chemical formulas or the specific chemical iden- 4 tity of a trade secret chemical to the State, the 5 Administrator, or the treating physician or 6 nurse, regardless of whether a written state- 7 ment of need or a confidentiality agreement has 8 been provided. The person conducting the hy- 9 draulic fracturing operations may require a 10 written statement of need and a confidentiality 11 agreement as soon thereafter as circumstances 12 permit. 13 ‘‘(B) Subparagraphs (A)(i) and (A)(ii) do not 14 authorize the State (or the Administrator) to require 15 the public disclosure of proprietary chemical for- 16 mulas.’’. 17 (b) CLEAN WATER ACT.— 18 (1) LIMITATION ON PERMIT REQUIREMENT.— 19 Section 402(l) of the Federal Water Pollution Con- 20 trol Act (33 U.S.C. 1342) is amended by striking 21 paragraph (2) and redesignating paragraph (3) as 22 paragraph (2). 23 VerDate Sep 11 2014 03:03 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H436.IH H436 pbinns on DSK79D2C42PROD with BILLS 6 •HR 436 IH (2) DEFINITIONS.—Section 502 of the Federal 1 Water Pollution Control Act (33 U.S.C. 1362) is 2 amended— 3 (A) by striking paragraph (24); and 4 (B) by redesignating paragraphs (25) and 5 (26) as paragraphs (24) and (25), respectively. 6 (3) STUDY.— 7 (A) IN GENERAL.—The Secretary of the 8 Interior shall conduct a study of stormwater 9 impacts with respect to any area that the Sec- 10 retary determines may be contaminated by 11 stormwater runoff associated with oil or gas op- 12 erations, which shall include— 13 (i) an analysis of measurable contami- 14 nation in such area; 15 (ii) an analysis of ground water re- 16 sources in such area; and 17 (iii) an analysis of the susceptibility of 18 aquifers in such area to contamination 19 from stormwater runoff associated with 20 such operations. 21 (B) REPORT.—Not later than 1 year after 22 the date of enactment of this section, the Sec- 23 retary shall submit to Congress a report on the 24 VerDate Sep 11 2014 03:03 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H436.IH H436 pbinns on DSK79D2C42PROD with BILLS 7 •HR 436 IH results of studies conducted under subpara- 1 graph (A). 2 (c) CLEAN AIR ACT.— 3 (1) REPEAL OF EXEMPTION FOR AGGREGATION 4 OF EMISSIONS FROM OIL AND GAS SOURCES.—Sec- 5 tion 112(n) of the Clean Air Act (42 U.S.C. 6 7412(n)) is amended by striking paragraph (4). 7 (2) HYDROGEN SULFIDE AS A HAZARDOUS AIR 8 POLLUTANT.—The Administrator of the Environ- 9 mental Protection Agency shall— 10 (A) not later than 180 days after the date 11 of enactment of this Act, issue a final rule add- 12 ing hydrogen sulfide to the list of hazardous air 13 pollutants under section 112(b) of the Clean 14 Air Act (42 U.S.C. 7412(b)); and 15 (B) not later than 365 days after a final 16 rule under subparagraph (A) is issued, revise 17 the list under section 112(c) of such Act (42 18 U.S.C. 7412(c)) to include categories and sub- 19 categories of major sources and area sources of 20 hydrogen sulfide, including oil and gas wells. 21 (d) SOLID WASTE DISPOSAL ACT.— 22 (1) IDENTIFICATION OR LISTING, AND REGULA- 23 TION, UNDER SUBTITLE C.—Paragraph (2) of sec- 24 VerDate Sep 11 2014 03:03 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H436.IH H436 pbinns on DSK79D2C42PROD with BILLS 8 •HR 436 IH tion 3001(b) of the Solid Waste Disposal Act (42 1 U.S.C. 6921(b)) is amended to read as follows: 2 ‘‘(2) Not later than 1 year after the date of en- 3 actment of the Fracking Disclosure and Safety Act, 4 the Administrator shall— 5 ‘‘(A) determine whether drilling fluids, pro- 6 duced waters, and other wastes associated with 7 the exploration, development, or production of 8 crude oil, natural gas, or geothermal energy 9 meet the criteria promulgated under this sec- 10 tion for the identification or listing of haz- 11 ardous waste; 12 ‘‘(B) identify or list as hazardous waste 13 any drilling fluids, produced waters, or other 14 wastes associated with the exploration, develop- 15 ment, or production of crude oil, natural gas, or 16 geothermal energy that the Administrator de- 17 termines, pursuant to subparagraph (A), meet 18 the criteria promulgated under this section for 19 the identification or listing of hazardous waste; 20 and 21 ‘‘(C) promulgate regulations under sections 22 3002, 3003, and 3004 for wastes identified or 23 listed as hazardous waste pursuant to subpara- 24 graph (B), except that the Administrator is au- 25 VerDate Sep 11 2014 03:03 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H436.IH H436 pbinns on DSK79D2C42PROD with BILLS 9 •HR 436 IH thorized to modify the requirements of such 1 sections to take into account the special charac- 2 teristics of such wastes so long as such modified 3 requirements protect human health and the en- 4 vironment.’’. 5 (2) REGULATION UNDER SUBTITLE D.—Section 6 4010(c) of the Solid Waste Disposal Act (42 U.S.C. 7 6949a(c)) is amended by adding at the end the fol- 8 lowing new paragraph: 9 ‘‘(7) DRILLING FLUIDS, PRODUCED WATERS, 10 AND OTHER WASTES ASSOCIATED WITH THE EXPLO- 11 RATION, DEVELOPMENT, OR PRODUCTION OF CRUDE 12 OIL, NATURAL GAS, OR GEOTHERMAL ENERGY.—Not 13 later than 1 year after the date of enactment of the 14 Fracking Disclosure and Safety Act, the Adminis- 15 trator shall promulgate revisions of the criteria pro- 16 mulgated under section 4004(a) and under section 17 1008(a)(3) for facilities that may receive drilling 18 fluids, produced waters, or other wastes associated 19 with the exploration, development, or production of 20 crude oil, natural gas, or geothermal energy, that 21 are not identified or listed as hazardous waste pur- 22 suant to section 3001(b)(2). The criteria shall be 23 those necessary to protect human health and the en- 24 vironment and may take into account the practicable 25 VerDate Sep 11 2014 03:03 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H436.IH H436 pbinns on DSK79D2C42PROD with BILLS 10 •HR 436 IH capability of such facilities. At a minimum, such re- 1 visions for facilities potentially receiving such wastes 2 should require ground water monitoring as necessary 3 to detect contamination, establish criteria for the ac- 4 ceptable location of new or existing facilities, and 5 provide for corrective action and financial assurance 6 as appropriate.’’. 7 Æ VerDate Sep 11 2014 03:03 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H436.IH H436 pbinns on DSK79D2C42PROD with BILLS