,i #aafth ,,congress #b;d ,session ,h4 ,r4 #faab ,,in ,,the ,,house ,,of ,,representatives ,march #e1 #bjbj,mr4 ,huffman 7for himself1 ,mr4 ,lowenthal1 ,mr4 ,grijalva1 and ,ms4 ,barragn7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committees on ,energy and ,commerce1 and ,transportation and ,infrastructure1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to require operators of oil and gas production facilities to take certain measures to protect drinking water1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,oil and ,water ,don't ,mix ,act of #bjbj4 #b4 ,protection of water resources 7a7 ,mineral ,leasing ,act requirements ,section #ag of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7 is amended-- 7#a7 in subsection 7g7 by striking lands or surface waters adversely and inserting surface or ground waters or lands adversely2 7#b7 by redesignating subsection 7p7 as subsection 7q72 and 7#c7 by inserting after subsection 7o7 the following3 7p7 ,water requirements 7#a7 ,an operator producing oil or gas 7including coalbed methane7 under a lease issued under this ,act shall-- 7,a7 replace the water supply of a water user who obtains all or part of such user's supply of water from an underground or surface source that has been affected by contamination1 diminution1 or interruption proximately resulting from drilling1 fracking1 or production operations for such production2 7,b7 ensure that if a surface or ground water source is affected by contamination1 diminution1 or interruption proximately resulting from such production1 best management practices and appropriately available technologies are used to prevent1 to the maximum extent possible1 the long-term or permanent degradation of the surface or ground water source2 and 7,c7 comply with all applicable requirements of ,federal and ,state law with respect to-- 7i7 discharge of any water produced under the lease2 and 7ii7 activities that would divert or otherwise alter a surface or ground water source or lead to a discharge not covered by clause 7i74 7#b7 ,an application for a permit to drill under a lease under this ,act shall be accompanied by a proposed water management plan including provisions to-- 7,a7 protect the quantity and quality of surface and ground water systems1 both on-site and off-site1 from adverse effects of the exploration1 development1 and reclamation processes or to provide alternative sources of water if such protection cannot be assured2 7,b7 protect the rights of present users of water that would be affected by operations under the lease1 including the discharge of any water produced in connection with such operations that is not reinjected2 and 7,c7 identify any agreements with other parties for the beneficial use of produced waters and the steps that will be taken to comply with ,state and ,federal laws related to such use4 7#c7 ,the ,secretary may not approve an application if the ,secretary determines that the applicant did not submit a water management plan that meets the requirements described in paragraph 7#b74 4 7b7 ,relation to ,state law ,nothing in this section or any amendment made by this section shall be construed as-- 7#a7 impairing or in any manner affecting any right or jurisdiction of any ,state with respect to the waters of such ,state2 or 7#b7 limiting1 altering1 modifying1 or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between ,states4 #c4 ,fracking regulation on ,federal lands 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,interior1 acting through the ,bureau of ,land ,management1 shall issue regulations governing the use of hydraulic fracturing under oil and gas leases for ,federal lands4 7b7 ,included provisions ,the regulations under this section shall require-- 7#a7 baseline water testing1 the results of which shall be posted on an appropriate internet website2 and 7#b7 public disclosure of each chemical used for hydraulic fracturing on an appropriate internet website4 7c7 ,interim application of prior rule ,the final rule entitled ,oil and ,gas2 ,hydraulic ,fracturing on ,federal and ,indian ,lands1 as published in the ,federal ,register ,march #bf1 #bjae 7#hj ,fed4 ,reg4 #afabh71 and corrected by the rule published on ,march #cj1 #bjae 7#hj ,fed4 ,reg4 #afegg71 shall apply until the effective date of a final rule under subsection 7a74 #d4 ,closing loopholes 7a7 ,safe ,drinking ,water ,act 7#a7 ,underground injection ,section #adba7;d77#a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;h7d77#a77 is amended-- 7,a7 in subparagraph 7,a71 by striking 2 and and inserting a semicolon2 and 7,b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 includes the underground injection of fluids or propping agents pursuant to hydraulic fracturing operations related to oil1 gas1 or geothermal production activities2 and 7,c7 excludes the underground injection of natural gas for purposes of storage4 4 7#b7 ,disclosure of chemicals2 medical emergencies2 proprietary chemical formulas ,section #adba7;b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;,h7b77 is amended by adding at the end the following3 7#d7 7,a7 ,regulations included under paragraph 7#a77;,c7 shall include the following requirements3 7i7 ,a person conducting underground injection operations shall disclose to the ,state 7or the ,administrator if the ,administrator has primary enforcement responsibility in the ,state7-- 7,i7 prior to the commencement of any underground injection operations at any lease area or portion thereof1 a list of chemicals intended for use in any underground injection during such operations1 including identification of the chemical constituents of mixtures1 ,chemical ,abstracts ,service numbers for each chemical and constituent1 material safety data sheets when available1 and the anticipated volume of each chemical2 7,,ii7 the results of baseline water testing2 7,,iii7 not later than #cj days after the end of any underground injection operations1 the list of chemicals used in each underground injection during such operations1 including identification of the chemical constituents of mixtures1 ,chemical ,abstracts ,service numbers for each chemical and constituent1 material safety data sheets when available1 and the volume of each chemical used2 7,,iv7 for continuous injection operations1 such as enhanced recovery or disposal1 a fluid analysis report1 which shall be submitted on a quarterly basis and shall include a complete chemical analysis of all injected fluids2 and 7,v7 for any underground injection operation that results in fluids returning to the surface1 such as flowback after hydraulic fracturing or produced water recovered from an enhanced recovery project1 a quarterly report of recovered fluids that includes the source1 volume1 and specific composition and disposition of all water1 including water used as base fluid during the injection operation and produced water that is recovered from the well following injection and during the production phase4 7ii7 ,the ,state or the ,administrator1 as applicable1 shall make the disclosure of baseline water testing results and chemical constituents referred to in clause 7i7 available to the public1 including by posting the information on an appropriate internet website4 7iii7 ,whenever the ,state or the ,administrator1 or a treating physician or nurse1 determines that a medical emergency exists and the proprietary chemical formula of a chemical used in underground injection operations is necessary for medical treatment1 the person conducting the underground injection operations shall1 upon request1 immediately disclose the proprietary chemical formulas or the specific chemical identity of a trade secret chemical to the ,state1 the ,administrator1 or the treating physician or nurse1 regardless of whether a written statement of need or a confidentiality agreement has been provided4 ,the person conducting the underground injection operations may require a written statement of need and a confidentiality agreement as soon thereafter as circumstances permit4 7,b7 ,notwithstanding any other provision of law1 none of the following information shall be protected as a trade secret3 7i7 ,the identities1 including ,chemical ,abstracts ,service identification numbers1 of the chemical constituents of additives used in underground injection projects1 including well stimulation treatment fluids and routine maintenance fluids4 7ii7 ,the concentrations of the additives in fluids used in underground injection projects4 7iii7 ,any air or other pollution monitoring data4 7iv7 ,health and safety data associated with fluids used in underground injection4 7v7 ,the chemical composition of recovered fluids or fluids injected for disposal4 4 7b7 ,clean ,water ,act 7#a7 ,limitation on permit requirement ,section #djb7l7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is amended by striking paragraph 7#b7 and redesignating paragraph 7#c7 as paragraph 7#b74 7#b7 ,definitions ,section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb7 is amended-- 7,a7 by striking paragraph 7#bd72 and 7,b7 by redesignating paragraphs 7#be71 7#bf71 and 7#bg7 as paragraphs 7#bd71 7#be71 and 7#bf71 respectively4 7#c7 ,study 7,a7 ,in general ,the ,secretary of the ,interior shall conduct a study of stormwater impacts with respect to any area that the ,secretary determines may be contaminated by stormwater runoff associated with oil or gas operations1 which shall include-- 7i7 an analysis of measurable contamination in such area2 7ii7 an analysis of ground water resources in such area2 and 7iii7 an analysis of the susceptibility of aquifers in such area to contamination from stormwater runoff associated with such operations4 7,b7 ,report ,not later than #a year after the date of enactment of this section1 the ,secretary shall submit to ,congress a report on the results of studies conducted under subparagraph 7,a74 7c7 ,clean ,air ,act 7#a7 ,repeal of exemption for aggregation of emissions from oil and gas sources ,section #aab7n7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab7n77 is amended-- 7,a7 by striking paragraph 7#d72 and 7,b7 by redesignating paragraphs 7#e71 7#f71 and 7#g7 as paragraphs 7#d71 7#e71 and 7#f71 respectively4 7#b7 ,hydrogen sulfide as a hazardous air pollutant ,the ,administrator of the ,environmental ,protection ,agency shall-- 7,a7 not later than #ahj days after the date of enactment of this ,act1 issue a final rule adding hydrogen sulfide to the list of hazardous air pollutants under section #aab7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab7;b772 and 7,b7 not later than #cfe days after a final rule under paragraph 7#a7 is issued1 revise the list under section #aab7;c7 of such ,act 7#db ,u4,s4,c4 #gdab7;c77 to include categories and subcategories of major sources and area sources of hydrogen sulfide1 including oil and gas wells4 7d7 ,solid ,waste ,disposal ,act 7#a7 ,identification or listing1 and regulation under subtitle ,c ,paragraph 7#b7 of section #cjja7;b7 of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fiba7;b77 is amended to read as follows3 7#b7 ,not later than #a year after the date of enactment of the ,oil and ,water ,don't ,mix ,act of #bjbj1 the ,administrator shall-- 7,a7 determine whether drilling fluids1 produced waters1 and other wastes associated with the exploration1 development1 or production of crude oil1 natural gas1 or geothermal energy meet the criteria promulgated under this section for the identification or listing of hazardous waste2 7,b7 identify or list as hazardous waste any drilling fluids1 produced waters1 or other wastes associated with the exploration1 development1 or production of crude oil1 natural gas1 or geothermal energy that the ,administrator determines1 pursuant to subparagraph 7,a71 meet the criteria promulgated under this section for the identification or listing of hazardous waste2 and 7,c7 promulgate regulations under this subtitle for wastes identified or listed as hazardous waste pursuant to subparagraph 7,b71 except that the ,administrator is authorized to modify the requirements of this subtitle to take into account the special characteristics of such wastes so long as such modified requirements protect human health and the environment4 4 7#b7 ,regulation under subtitle ,d ,section #djaj7;c7 of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fidi;a7c77 is amended by adding at the end the following new paragraph3 7#g7 ,drilling fluids1 produced waters1 and other wastes associated with the exploration1 development1 or production of crude oil1 natural gas1 or geothermal energy ,not later than #a year after the date of enactment of the ,oil and ,water ,don't ,mix ,act of #bjbj1 the ,administrator shall promulgate revisions of the criteria promulgated under section #djjd7;a7 and under section #ajjh7;a77#c7 for facilities that may receive drilling fluids1 produced waters1 or other wastes associated with the exploration1 development1 or production of crude oil1 natural gas1 or geothermal energy1 that are not identified or listed as hazardous waste pursuant to section #cjja7;b77#b74 ,the criteria shall be those necessary to protect human health and the environment and may take into account the practicable capability of such facilities4 ,at a minimum such revisions for facilities potentially receiving such wastes should require ground water monitoring as necessary to detect contamination1 establish criteria for the acceptable location of new or existing facilities1 and provide for corrective action and financial assurance as appropriate4 4