| Some refer to this as the “Halliburton Loophole” Halliburton frac fluid on a tractor trailer near Buffalo, Pa. |
| Key paragraphs from the ENERGY POLICY ACT OF 2005 |
| SEC. 322. HYDRAULIC FRACTURING. Paragraph (1) of section 1421(d) of the Safe Drinking Water Act (42 U.S.C. 300h(d)) is amended to read as follows: ‘‘(1) UNDERGROUND INJECTION.—The term ‘underground injection’— ‘‘(A) means the subsurface emplacement of fluids by well injection; and ‘‘(B) excludes— ‘‘(i) the underground injection of natural gas for purposes of storage; and ‘‘(ii) the underground injection of fluids or propping agents (other than diesel fuels) pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities.’’ SEC. 323. OIL AND GAS EXPLORATION AND PRODUCTION DEFINED. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ‘‘(24) OIL AND GAS EXPLORATION AND PRODUCTION.—The term ‘oil and gas exploration, production, processing, or treatment operations or transmission facilities’ means all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities.’’ FRESHER ACT OF 2015Focused Reduction of Effluence and Stormwater runoff through Hydrofracking Environmental Regulation Act of 2015 Title: To amend the Federal Water Pollution Control Act and to direct the Secretary of the Interior to conduct a study with respect to stormwater runoff from oil and gas operations, and for other purposes.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 “Focused Reduction of Effluence and Stormwater runoff through Hydrofracking Environmental Regulation Act of 2015” or the “FRESHER Act of 2015”.SEC. 2. STORMWATER RUNOFF FROM OIL, GAS, AND MINING OPERATIONS.(a) Limitation on Permit Requirement.—Section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)) is amended—(1) by striking paragraph (2);(2) by redesignating paragraph (3) as paragraph (2); and(3) in paragraph (2)(C) (as so redesignated), by striking “402(l)(3)(A)” each place it appears and inserting “subparagraph (A)”.(b) Definitions.—Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended—(1) by striking paragraph (24); and(2) by redesignating paragraphs (25) and (26) as paragraphs (24) and (25), respectively.(c) Study.—(1) 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 operations, which shall include an analysis of—(A) measurable contamination in the area;(B) ground water resources in the area; and(C) the susceptibility of aquifers in the area to contamination from stormwater runoff associated with the oil or gas operations.(2) Report.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study conducted under paragraph (1). |