HR6116-119

What This Bill Does

The Safe Hydration is an American Right in Energy Development Act amends the Safe Drinking Water Act underground injection program for hydraulic fracturing. State underground injection control programs must prohibit underground injection of fracturing fluids or propping agents for oil, gas, or geothermal production unless the operator agrees to test and report drinking-water-source data under new section 1421A. Operators must test accessible underground sources of drinking water before first injection, every six months during operations, and every 12 months for five years after operations end. Sites where prior injection occurred but is inactive must be tested before renewed injection, every six months during renewed operations, and annually for five years afterward. Existing active sites must test every six months from enactment through cessation and annually for five years afterward. Reports are due to EPA within two weeks of testing. Testing must cover accessible sources within one-half mile of the site, or the nearest accessible source within one mile, use EPA-certified drinking-water contaminant labs, and include contaminants or factors EPA determines would indicate hydraulic-fracturing damage. EPA must maintain a public, ZIP-Code-searchable database of reported results. The requirements do not apply where no accessible underground drinking-water source exists within one mile.

Who Benefits and How

Residents near hydraulic fracturing sites benefit from baseline, operating-period, and post-operation water testing. Drinking-water users benefit because testing must cover accessible underground sources within one-half mile or the nearest accessible source within one mile. Public health and environmental groups benefit from a public ZIP-Code-searchable EPA database of testing results. EPA underground injection staff benefit from timely reports that identify contaminants or factors associated with fracturing damage. Certified drinking-water laboratories benefit from required EPA-certified testing work.

Who Bears the Burden and How

Hydraulic fracturing operators must conduct repeated testing before, during, and after injection and report results to EPA within two weeks. Oil and gas producers using fracturing must pay certified laboratories and comply with the testing schedule. Geothermal production operators using fracturing must comply with the same testing and reporting duties. EPA underground injection program staff must define damage indicators, receive reports, and maintain the public searchable database. State underground injection control programs must prohibit covered injection unless operators agree to the testing and reporting regime.

Key Provisions

• Requires hydraulic fracturing operators to test underground drinking-water sources before first or renewed injection.
• Requires testing every six months during fracturing operations and annually for five years after operations end.
• Requires reports to EPA within two weeks after each test.
• Requires testing within one-half mile, or the nearest accessible source within one mile when needed.
• Requires EPA-certified laboratories and testing for contaminants or factors indicating fracturing damage.
• Requires EPA to maintain a public ZIP-Code-searchable database of test results.