EPACT Section 322

Section 322 of the Energy Policy Act of 2005 (EPA) exempts hydraulic fraction from the Safe Drinking Water Act (SDWA).

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.

Download the full text of section 322 below.

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09IOG5571_PublicLaw109-58-August2005.pdf198.21 KB