World Water Crisis (LIFE)

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There are presently two bills in Congress under consideration to revise the previous exemption of the Safe Drinking Water Act
found in Title III, Sec 322 of H.R. 6: Energy Policy Act of 2005, Also known as Energy Policy Act of 2005
Aug 8, 2005: Became Public Law No: 109-58.
http://www.govtrack.us/congress/bill.xpd?bill=h109-6

Of the two bills, the Senate version S. 1215 appears to have slightly stronger language, however it only has 5 co-sponsors.
The House version H.R. 2766 has slightly weaker language and has 50 co-sponsors. With the exception of one (I)Independent,
all co-sponsors are (D)Democrats. Both bills have been stuck in committee for approximately 6 months.

Scroll down for both the Summary and Full Text Versions for both bills under consideration.

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H.R. 2766: Fracturing Responsibility and Awareness of Chemicals Act of 2009
http://www.govtrack.us/congress/bill.xpd?bill=h111-2766
Summary:
6/9/2009--Introduced.
Fracturing Responsibility and Awareness of Chemicals Act of 2009 - Amends the Safe Drinking Water Act to: (1) repeal the exemption from restrictions on underground injection of fluids near drinking water sources granted to hydraulic fracturing operations under such Act; and (2) require oil and gas companies to disclose the chemicals used in hydraulic fracturing operations.

Full Text:
HR 2766 IH

111th CONGRESS

1st Session

H. R. 2766

To repeal the exemption for hydraulic fracturing in the Safe Drinking Water Act, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 9, 2009

Ms. DEGETTE (for herself, Mr. HINCHEY, and Mr. POLIS of Colorado) introduced the following bill; which was referred to the Committee on Energy and Commerce


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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 2009’.

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:

‘(B) includes the underground injection of fluids or propping agents pursuant to hydraulic fracturing operations related to oil and gas production activities; but

‘(C) excludes the underground injection of natural gas for purposes of storage.’.

(b) Disclosure- Section 1421(b) of the Safe Drinking Water Act (42 U.S.C. 300h(b)) is amended as follows:

(1) In subparagraph (C) of paragraph (1) insert before the semicolon ‘, including a requirement that any person using hydraulic fracturing disclose to the State (or the Administrator if the Administrator has primary enforcement responsibility in the State) the chemical constituents (but not the proprietary chemical formulas) used in the fracturing process’.

(2) Add the following new paragraph at the end thereof:

‘(4) The State (or Administrator) shall make the disclosure of chemical constituents referred to in subparagraph (C) of paragraph (1) available to the public, including a posting of the information on an appropriate Internet website. In addition, whenever the State or the Administrator, or a treating physician or nurse, determines that a medical emergency exists and the proprietary chemical formulas or specific chemical identity of a chemical used in hydraulic fracturing is necessary for emergency or first-aid treatment, the person using hydraulic fracturing shall immediately disclose the proprietary chemical formulas or the specific chemical identity of a trade secret chemical to the State, the Administrator, or that treating physician or nurse, regardless of the existence of a written statement of need or a confidentiality agreement. The person using hydraulic fracturing may require a written statement of need and a confidentiality agreement as soon thereafter as circumstances permit.’.

This bill is very large, and loading it may cause your web browser to perform sluggishly, or even freeze. This is especially true for old and/or bad browsers. As an alternative you can download the PDF of the bill or read the text on THOMAS.
Continue on to the bill...


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S. 1215: Fracturing Responsibility and Awareness of Chemicals (FRAC) Act
http://www.govtrack.us/congress/bill.xpd?bill=s111-1215
Summary:
6/9/2009--Introduced.
Fracturing Responsibility and Awareness of Chemicals (FRAC) Act - Amends the Safe Drinking Water Act to: (1) repeal the exemption from restrictions on underground injection of fluids near drinking water sources granted to hydraulic fracturing operations under such Act; and (2) require oil and gas companies to disclose the chemicals used in hydraulic fracturing operations.

Full Text:
S 1215 IS

111th CONGRESS

1st Session

S. 1215

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

June 9, 2009

Mr. CASEY (for himself and Mr. SCHUMER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works


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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 (FRAC) Act’.

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 gas production activities.

‘(C) EXCLUSION- The term ‘underground injection’ does not include the underground injection of natural gas for the purpose of storage.’.

(b) Disclosure- Section 1421(b) of the Safe Drinking Water Act (42 U.S.C. 300h(b)) is amended--

(1) in paragraph (1)(C), by inserting before the semicolon the following: ‘, including a requirement that any person using hydraulic fracturing disclose to the State (or to the Administrator in any case in which the Administrator has primary enforcement responsibility in a State) the chemical constituents (but not the proprietary chemical formulas) used in the fracturing process’; and

(2) by adding at the end the following:

‘(4) DISCLOSURES OF CHEMICAL CONSTITUENTS-

‘(A) IN GENERAL- The State (or the Administrator, as applicable) shall make available to the public the information contained in each disclosure of chemical constituents under paragraph (1)(C), including by posting the information on an appropriate Internet website.

‘(B) IMMEDIATE DISCLOSURE IN CASE OF 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) or an appropriate treating physician or nurse determines that a medical emergency exists and the proprietary chemical formula or specific chemical identity of a trade-secret chemical used in hydraulic fracturing is necessary for emergency or first-aid treatment, the applicable person using hydraulic fracturing shall immediately disclose to the State (or the Administrator) or the treating physician or nurse 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 (or the Administrator) or the treating physician or nurse under that clause.’.

This bill is very large, and loading it may cause your web browser to perform sluggishly, or even freeze. This is especially true for old and/or bad browsers. As an alternative you can download the PDF of the bill or read the text on THOMAS.
Continue on to the bill...


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