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Title III — Environmental protection

S. 332 · 113th Congress · Feb 14, 2013 · Lineage

III Environmental protection

Sec. 301 Regulation of hydraulic fracturing

(a)
Disclosure— Section 1421(b) of the Safe Drinking Water Act (42 U.S.C. 300h(b)) is amended—
(1)
by striking paragraph (2);
(2)
by redesignating paragraph (3) as paragraph (2); and
(3)
by adding at the end the following:

“(3) 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 area or a portion of a area, a list of chemicals 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 when available, and the anticipated volume of each chemical to be used); and

“(ii) after the completion of hydraulic fracturing operations described in clause (i), the list of chemicals 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 when available, and the volume of each chemical used).

“(B) Public availability—The State (or the Administrator, as applicable) shall make available to the public the information contained in each disclosure of chemical constituents under subparagraph (A), including by posting the information on an appropriate Internet website.

“(C) Immediate disclosure in case of medical 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 medical treatment, the applicable person using hydraulic fracturing shall, upon request, 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.

“(D) No public disclosure required—Nothing in subparagraph (A) or (B) authorizes a State (or the Administrator) to require the public disclosure of any proprietary chemical formula.”

(b)
Definitions— 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.”

(c)
State primary enforcement responsibility— Section 1422 of the Safe Drinking Water Act (42 U.S.C. 300h–1) is amended by striking subsection (c) and inserting the following:

“(c) Disapproval of a State program

“(1) In general—If the Administrator disapproves a State program (or part of a program) under subsection (b)(2) or determines under subsection (b)(3) that a State no longer meets the requirements of clause (i) or (ii) of subsection (b)(1)(A), or if a State fails to submit an application or notice before the date of expiration of the period specified in subsection (b)(1), not later than 90 days after the date of the disapproval, determination, or expiration (as applicable), the Administrator, by regulation, shall prescribe (and may from time to time by regulation revise) a program applicable to the State that meets the requirements of section 1421(b).

“(2) Other program not in effect—A program prescribed by the Administrator under paragraph (1) shall apply in the State to the extent that a program adopted by the State that the Administrator determines meets the requirements of clause (i) or (ii) of subsection (b)(1)(A) is not in effect.

“(3) Opportunity for public hearing—Before promulgating any regulation under this section, the Administrator shall provide an opportunity for a public hearing with respect to the regulation.”

(d)
Enforcement of program— Section 1423(c) of the Safe Drinking Water Act (42 U.S.C. 300h–2) is amended—
(1)
by striking paragraphs (1) and (2) and inserting the following:

“(1) In general—In any case in which the Administrator is authorized to bring a civil action under this section with respect to any regulation or other requirement of this part, the Administrator may also issue an order under this subsection that assesses a civil penalty of not more than $10,000 for each day of violation for any past or current violation, up to a maximum administrative penalty of $125,000 or requires compliance with the regulation or other requirement, or both.”

(2)
by redesignating paragraphs (3) through (8) as paragraphs (2) through (7), respectively.
(e)
Optional demonstration by states relating to oil or natural gas—
(1)
In general— Section 1425 of the Safe Drinking Water Act (42 U.S.C. 300h–4) is repealed.
(2)
Conforming amendments—
(A)
The first sentence of section 1423(a)(1) of the Safe Drinking Water Act (42 U.S.C. 300h–2(a)(1)) is amended by striking “or section 1425(c)”.
(B)
Section 1443(c)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–2(c)(2)) is amended by striking the second sentence.

Sec. 302 Reports to Congress

(a)
Fugitive methane emissions— Not later than 2 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to Congress a report describing the quantity of fugitive methane emissions emitted as a result of any leak in natural gas infrastructure, including recommendations for eliminating each such leak.
(b)
Other greenhouse gas emissions— The Administrator of the Environmental Protection Agency shall enter into an agreement with the National Academy of Sciences under which the Academy shall conduct a study, and, not later than 2 years after the date of enactment of this Act, submit to Congress a report describing—
(1)
the quantity of United States greenhouse gas emissions not covered by a program under this Act (or an amendment made by this Act); and
(2)
recommendations for programs to reduce emissions of those greenhouse gases.

Sec. 303 Sense of Congress relating to reduction in greenhouse gas emissions

It is the sense of Congress that the United States should carry out activities to ensure that, by January 1, 2050, the total quantity of greenhouse gas emissions released in the United States is reduced by not less than 80 percent, as compared to the total quantity of greenhouse gas emissions released during calendar year 2005.