To provide for a study of the effects of hydraulic fracturing on underground drinking water sources.

August 3, 2001

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

To provide for a study of the effects of hydraulic fracturing on underground drinking water sources.

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 Act'.

SEC 2. HYDRAULIC FRACTURING.

Section 1421 of the Safe Drinking Water Act (42 U.S.C. Sec. 300h) is amended by adding at the end the following:

`(e) HYDRAULIC FRACTURING FOR OIL AND GAS PRODUCTION-

`(1) Study of the effects of hydraulic fracturing-

`(A) IN GENERAL- Not later than 24 months after the date of enactment of this subsection, the Administration shall complete a study of the known and potential effects on underground drinking water sources of hydraulic fracturing, including the effects of hydraulic fracturing on underground drinking water sources on a nationwide basis, and within specific regions, States, or portions of States.

`(B) CONSULTATION- In planning and conducting the study, the Administrator shall consult with the Secretary of the Interior, the Secretary of Energy, the Ground Water Protection Council, affected States, and, as appropriate, representatives of environmental, industry, academic, scientific, public health, and other relevant organizations. Such study may be accomplished in conjunction with other ongoing studies related to the effects of oil and gas production on groundwater resources.

`(C) STUDY ELEMENTS- The study conducted under subparagraph (A) shall, at a minimum, examine and make findings as to whether--

`(i) such hydraulic fracturing has, or will, endanger (as defined under subsection (d)(2)) underground drinking water sources, including those sources within specific regions, States or portions of States;

`(ii) there are specific methods, practices, or hydrogeologic circumstances in which hydraulic fracturing has, or will, endanger underground drinking water sources; and

`(iii) whether there are any precautionary actions that may reduce or eliminate any such endangerment.

`(2) Independent scientific review-

`(A) IN GENERAL- Not later than 2 months after the study under paragraph (1) is completed, the Administrator shall enter into an appropriate agreement with the National Academy of Sciences to have the Academy review the conclusions of the study.

`(B) REPORT- Not later than 9 months after entering into an appropriate agreement with the Administrator, the National Academy of Sciences shall report to the Administrator, and the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate, on the--

`(i) findings related to the study conducted by the Administrator under paragraph (1); and

`(ii) recommendations, if any, for modifying the findings of the study.

`(3) REGULATORY DETERMINATION-

`(A) IN GENERAL- Not later than 6 months after receiving the National Academy of Sciences report under paragraph (2), the Administrator shall determine, after informal public hearings and public notice and opportunity for comment, and based on information developed or accumulated in connection with the study required under paragraph (1) and the National Academy of Sciences report under paragraph (2), either:

`(i) that regulation of hydraulic fracturing under this part is necessary to ensure that underground sources of drinking water will not be endangered on a nationwide basis, or within a specific region, State or portions of a State; or

`(ii) that regulation described under clause (i) is unnecessary.

`(B) PUBLICATION OF DETERMINATION- The Administrator shall publish the determination in the Federal Register, accompanied by an explanation and the reasons for it.

`(4) PROMULGATION OF REGULATIONS-

`(A) REGULATION NECESSARY- If the Administrator determines under paragraph (3) that regulation of hydraulic fracturing under this part is necessary to ensure that hydraulic fracturing does not endanger underground drinking water sources on a nationwide basis, or within a specific region, State or portions of a State, the Administrator shall, within 6 months after the issuance of that determination, and after public notice and opportunity for comment, promulgate regulations under section 1421 (42 U.S.C. Sec. 300h) to ensure that hydraulic fracturing will not endanger such underground sources of drinking water.

`(B) REGULATION UNNECESSARY- The Administrator shall not promulgate regulations for hydraulic fracturing under this part unless the Administrator determines under paragraph (3) that such regulations are necessary.

`(C) EXISTING REGULATIONS- A determination by the Administrator under paragraph (3) that regulation is unnecessary will relieve States from any further obligation to regulate hydraulic fracturing as an underground injection under this part.

`(5) DEFINITION OF HYDRAULIC FRACTURING- For purposes of this subsection, the term `hydraulic fracturing' means the process of creating a fracture in a reservoir rock, and injecting fluids and propping agents, for the purposes of reservoir stimulation related to oil and gas production activities.

`(6) SAVINGS- Nothing in this subsection shall in any way limit the authorities of the Administrator under section 1431 (42 U.S.C. 300i).'.

END