Fracturing Responsibility and Awareness of Chemicals Act

The Fracturing Responsibility and Awareness of Chemicals Act (H.R. 1084, S. 587, dubbed as the FRAC Act) is a legislative proposal in the United States Congress to define hydraulic fracturing as a federally regulated activity under the Safe Drinking Water Act. The proposed act would require the energy industry to disclose the chemical additives used in the hydraulic fracturing fluid. The gas industry opposes the legislation.

The bill was introduced to both houses of the 111th United States Congress on June 9, 2009. The House bill was introduced by representatives Diana DeGette, D-Colo., Maurice Hinchey D-N.Y., and Jared Polis, D-Colo. The Senate version was introduced by senators Bob Casey, D-Pa., and Chuck Schumer, D-N.Y. The bill was re-introduced to both houses of the 112th United States Congress on March 15, 2011, by representative Diana DeGette and senator Bob Casey.

The Environmental Protection Agency (EPA) blames the lack of information about the contents of hydraulic fracturing fluid on the 2005 Energy Policy Act because it exempts hydraulic fracturing from federal water laws. The Act calls for the "chemical constituents (but not the proprietary chemical formulas) used in the fracturing process." Once these constituents are determined the information must be revealed to the public through the Internet. The FRAC Act states that in any case where a physician or the State finds that a medical emergency exists, and that the chemical formulas are needed to treat the ailing individual, the firm must disclose the chemical identity to the State or physician—even if that proprietary formula is a trade-secret chemical. Material Safety Data Sheets, required by OSHA under 29 CFR 1910.1200 are developed and made available to first responders and other emergency planning and response officials.

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