New Fracking Bill Mandates Chemical Disclosure, Protects Trade Secrets, and Clarifies SDWA Authority

The newly proposed Fracturing Responsibility and Awareness of Chemicals Act of 2025 is tackling the complex issue of hydraulic fracturing (fracking) chemicals by amending the Safe Drinking Water Act (SDWA). Essentially, this bill pulls the fluids used in fracking for oil, gas, or geothermal production directly under the federal government’s regulatory umbrella by specifically defining their injection as 'underground injection' (SEC. 2). This is a big deal because it clarifies that these operations are subject to the same oversight as other regulated injection wells, closing a long-standing regulatory gap.

The Transparency Trade-Off: What Operators Must Share

For anyone living near a fracking site, or just concerned about groundwater quality, this bill mandates a significant increase in transparency—but with a catch. Operators will now have to give the State detailed lists of chemicals they plan to use before operations begin, including the Chemical Abstracts Service (CAS) numbers for every chemical and constituent, and the anticipated volume. They must repeat this process after operations, detailing what they actually used (SEC. 2). The good news? The State must make this disclosed chemical constituent information public, often by posting it online. This means the public will finally get a clear look at the building blocks of the fracking fluid, which is a major step forward for community awareness and environmental oversight.

The 'Proprietary' Protection

Now, here is where the catch comes in, and it’s a big one for environmental groups and local communities. While the bill forces disclosure of chemical constituents (the components), it explicitly protects proprietary chemical formulas (the trade secrets) from public disclosure. The bill states clearly that the State cannot require the public disclosure of these proprietary formulas (SEC. 2). So, while we’ll know the ingredients, the exact 'recipe' remains locked down. For the industry, this is a win, as it protects their intellectual property. For the public, it means less than full transparency when trying to assess the cumulative risk of these complex chemical mixtures near their water sources.

The Emergency Room Clause: A Lifeline for Doctors

One of the most critical provisions addresses medical emergencies. If a treating physician or nurse needs the proprietary chemical formula to treat an exposed patient—say, someone working on the rig or a nearby resident—the operator must immediately disclose the trade secret formula (SEC. 2). This immediate disclosure is required even without a prior written statement of need or a confidentiality agreement. This provision prioritizes public health and the right to medical treatment over trade secrets during a crisis. For emergency responders and medical personnel, this is a massive improvement, ensuring they don't waste precious time waiting for paperwork while someone’s life is on the line. Operators can still require those confidentiality agreements later, but the immediate disclosure requirement is non-negotiable in a life-threatening situation.