To amend the Safe Drinking Water Act to require the use of nontoxic products in the case of hydraulic fracturing that occurs during oil or natural gas production activities.

May 19, 2005

Mr. JEFFORDS (for himself, Mr. LAUTENBERG, Mrs. BOXER, and Mr. LIEBERMAN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

To amend the Safe Drinking Water Act to require the use of nontoxic products in the case of hydraulic fracturing that occurs during oil or natural gas production activities.

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 `Hydraulic Fracturing Safety Act of 2005'.

SEC. 2. HYDRAULIC FRACTURING.

Section 1421(d)(1) of the Safe Drinking Water Act (42 U.S.C. 300h(d)(1)) is amended--

(1) by adding at the end the following: `The term `underground injection' includes hydraulic fracturing, which means the process of creating a fracture in a reservoir rock, through the injection of fluids and propping agents, for the purpose of reservoir stimulation relating to oil and gas production activities.'; and

(2) by adding at the end the following:

`(3) HYDRAULIC FRACTURING-

`(A) IN GENERAL- In the case of hydraulic fracturing that occurs during the exploration for, or the production of, oil or natural gas, a producer of oil or natural gas shall not use diesel fuel or any other material that the Administrator has listed as a priority pollutant under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

`(B) REGULATIONS- The Administrator shall promulgate such regulations as are necessary--

`(i) to regulate hydraulic fracturing in accordance with this subsection; and

`(ii) to ensure that State programs under section 1422 or 1425 regulate hydraulic fracturing in accordance with this subsection.'.

END