97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3897

 

Introduced 12/11/2011, by Rep. Naomi D. Jakobsson

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 725/6.5 new

    Amends the Illinois Oil and Gas Act. Provides that the Director of Natural Resources shall adopt rules that require, prior to such hydraulic fracturing, the owner or operator to perform a suitable mechanical integrity test of the casing or of the casing-tubing annulus or other mechanical integrity test methods using procedures that are established by administrative rule. Provides that each owner or operator that begins extracting natural gas from shale shall report to the Department specified information within 30 days after the completion of all stages of the hydraulic fracturing stimulation. Requires that the owner or operator shall post the chemical disclosure information on certain specified websites. Provides that the owner or operator shall provide information to the Director as to the amounts, handling, and, if necessary, disposal at an identified appropriate disposal facility, or reuse of the well stimulation fluid load recovered during flow back, swabbing, or recovery from production facility vessels. Provides that the storage of the well stimulation fluid load shall be protective of an underground source of drinking water by the use of either tanks or lined pits. Provides that nothing in the provision shall be construed to require or allow disclosure of trade secrets or commercial information that is exempt from inspection or copying when provided to the Department together with a claim made pursuant to the Freedom of Information Act that such information is proprietary, privileged, or confidential and that disclosure may cause competitive harm to the person or business. Provides that the provision only applies to the extraction of natural gas from shale.


LRB097 14902 CEL 59933 b

 

 

A BILL FOR

 

HB3897LRB097 14902 CEL 59933 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Oil and Gas Act is amended by
5adding Section 6.5 as follows:
 
6    (225 ILCS 725/6.5 new)
7    Sec. 6.5. Extraction of natural gas from shale using
8hydraulic fracturing.
9    (a) The Director shall adopt rules that require, prior to
10such hydraulic fracturing, the owner or operator to perform a
11suitable mechanical integrity test of the casing or of the
12casing-tubing annulus or other mechanical integrity test
13methods using procedures that are established by
14administrative rule.
15    (b) Each owner or operator that begins extracting natural
16gas from shale shall report to the Department the information
17specified in subsections (1) and (2) within 30 days after the
18completion of all stages of the hydraulic fracturing
19stimulation.
20        (1) The owner or operator shall provide geological
21    names, a geological description, and the depth of the
22    formation into which well stimulation fluids were
23    injected.

 

 

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1        (2) The owner or operator shall provide detailed
2    information to the Director concerning the base
3    stimulation fluid source. The owner, operator, or service
4    company shall also provide to the Director, for each stage
5    of the well stimulation program, the following:
6            (A) the actual volume by fluid stage;
7            (B) each stimulation fluid identified by additive
8        type;
9            (C) the chemical compound name and Chemical
10        Abstracts Service (CAS) number for the main ingredient
11        of each additive used and all other Material Safety
12        Data Sheets (MSDS) constituents;
13            (D) the proppant rate or concentration;
14            (E) the actual surface pressure and rate at the end
15        of each fluid stage and the actual flush volume, rate,
16        and final pump pressure; and
17            (F) the instantaneous shut-in pressure, and the
18        actual 15-minute and 30-minute shut-in pressures when
19        these pressure measurements are available.
20    (c) The owner or operator shall post the chemical
21disclosure information contained under paragraphs (1) and (2)
22of subsections (b) to the hydraulic fracturing chemical
23registry Internet website of the Ground Water Protection
24Council and the Interstate Oil and Gas Compact Commission or,
25if the website is discontinued or permanently inoperable, post
26the chemical disclosure information contained under paragraphs

 

 

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1(1) and (2) of subsections (b) to another publicly accessible
2Internet website specified by the Director.
3    (d) The Department shall post a link from the Department's
4Internet website to the chemical disclosure information
5contained on the Ground Water Protection Council and the
6Interstate oil and Gas Compact, or if discontinued or
7permanently inoperable, to a publicly accessible Internet
8website specified by the Director.
9    (e) Except as provided for in this subsection, the
10injection of the volatile organic compounds benzene, toluene,
11ethylbenzene, and xylene, also known as BTEX compounds, or
12diesel, into an underground source of drinking water is
13prohibited. Nothing in this Section shall be construed to
14prohibit the use of produced water or other stimulation fluids
15containing trace amounts of BTEX or other amounts of BTEX not
16intentionally included and used in an additive for the purpose
17of hydraulic fracturing in hydrocarbon bearing zones.
18    (f) During the well stimulation operation, the owner or
19operator shall monitor and record the annulus pressure at the
20bradenhead. If intermediate casing has been set on the well
21being stimulated, then the pressure in the annulus between the
22intermediate casing and the production casing shall also be
23monitored and recorded. A continuous record of the annulus
24pressure during the well stimulation shall be submitted.
25    (g) If, during the stimulation, the annulus pressure
26increases by more than 500 pounds per square inch gauge (psig)

 

 

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1compared to the pressure immediately preceding the
2stimulation, then the owner or operator shall verbally notify
3the Director as soon as practical but no later than 24 hours
4following the incident and must complete in a timely manner any
5corrective action identified by the Department. The owner or
6operator shall include a report containing all details
7pertaining to the incident, including corrective actions
8taken.
9    (h) The owner or operator shall provide information to the
10Director as to the amounts, handling, and, if necessary,
11disposal at an identified appropriate disposal facility, or
12reuse of the well stimulation fluid load recovered during flow
13back, swabbing, or recovery from production facility vessels.
14Storage of the well stimulation fluid load shall be protective
15of an underground source of drinking water by the use of either
16tanks or lined pits.
17    (i) Nothing in this Section shall be construed to require
18or allow disclosure of trade secrets or commercial information
19that is exempt from inspection or copying when provided to the
20Department together with a claim made pursuant to subsection
21(g) of Section 7 of the Freedom of Information Act that such
22information is proprietary, privileged, or confidential and
23that disclosure may cause competitive harm to the person or
24business.
25    (j) The Department shall adopt all rules necessary to
26enforce this Section.

 

 

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1    (k) This Section applies only to the extraction of natural
2gas from shale.