Bill Text: IL SB3485 | 2013-2014 | 98th General Assembly | Introduced

Bill Title: Amends the Hydraulic Fracturing Regulatory Act. Makes changes to various definitions adding references to "horizontal drilling with fracturing operations". Defines "flowback", "fracturing", "stimulation treatment", and "horizontal drilling". Changes the definition of "high volume horizontal hydraulic fracturing operations".

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3485 Detail]

Download: Illinois-2013-SB3485-Introduced.html

State of Illinois
2013 and 2014

Introduced 2/14/2014, by Sen. Ira I. Silverstein

225 ILCS 732/1-5

Amends the Hydraulic Fracturing Regulatory Act. Makes changes to various definitions adding references to "horizontal drilling with fracturing operations". Defines "flowback", "fracturing", "stimulation treatment", and "horizontal drilling". Changes the definition of "high volume horizontal hydraulic fracturing operations".
LRB098 19582 MGM 54774 b


SB3485LRB098 19582 MGM 54774 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 Hydraulic Fracturing Regulatory Act is
5amended by changing Section 1-5 as follows:
6 (225 ILCS 732/1-5)
7 Sec. 1-5. Definitions. For the purposes of this Act, unless
8the context otherwise requires:
9 "Agency" means the Illinois Environmental Protection
11 "Aquatic life" means all fish, reptiles, amphibians,
12crayfish, and mussels.
13 "Aquifer" means saturated (with groundwater) soils and
14geologic materials that are sufficiently permeable to readily
15yield economically useful quantities (at least 70 gallons per
16minute) of fresh water to wells, springs, or streams under
17ordinary hydraulic gradients. "Aquifer" is limited to aquifers
18identified as major sand and gravel aquifers in the Illinois
19State Water Survey's Illinois Community Water Supply Wells map,
20Map Series 2006-01.
21 "Base fluid" means the continuous phase fluid type,
22including, but not limited to, water used in a high volume
23horizontal hydraulic fracturing operation, a horizontal

SB3485- 2 -LRB098 19582 MGM 54774 b
1drilling with fracturing operations, or both.
2 "BTEX" means benzene, toluene, ethylbenzene, and xylene.
3 "Chemical" means any element, chemical compound, or
4mixture of elements or compounds that has its own specific name
5or identity, such as a Chemical Abstracts Service number,
6regardless of whether the chemical is subject to the
7requirements of paragraph (2) of subsection (g) of 29 Code of
8Federal Regulations 1910.1200.
9 "Chemical Abstracts Service" means the division of the
10American Chemical Society that is the globally recognized
11authority for information on chemical substances.
12 "Chemical Abstracts Service number" or "CAS number" means
13the unique identification number assigned to a chemical by the
14Chemical Abstracts Service.
15 "Completion combustion device" means any ignition device,
16installed horizontally or vertically, used in exploration and
17production operations to combust otherwise vented emissions.
18 "Delineation well" means a well drilled in order to
19determine the boundary of a field or producing reservoir.
20 "Department" means the Illinois Department of Natural
22 "Diesel" means a substance having any one of the following
23Chemical Abstracts Service Registry numbers: 68334-30-5;
2468476-34-6; 68476-30-2; 68476-31-3; 8008-20-6; or 68410-00-4.
25"Diesel" includes any additional substances regulated by the
26United States Environmental Protection Agency as diesel fuel

SB3485- 3 -LRB098 19582 MGM 54774 b
1used in hydraulic fracturing activities, horizontal drilling
2with fracturing operations, or both, under the federal Safe
3Drinking Water Act.
4 "Director" means the Director of Natural Resources.
5 "Enhanced oil recovery operation" means any secondary or
6tertiary recovery method used in an effort to recover
7hydrocarbons from a pool by injection of fluids, gases or other
8substances to maintain, restore, or augment natural reservoir
9energy, or by introducing gases, chemicals, other substances,
10or heat, or by in-situ combustion, or by any combination
12 "Flare" means a thermal oxidation system using an open,
13enclosed, or semi-enclosed flame. "Flare" does not include
14completion combustion devices as defined in this Section.
15 "Flowback" means the hydraulic fracturing or fracturing
16fluid that returns to the surface following hydraulic
17fracturing, fracturing, or re-fracturing.
18 "Flowback period" means the process of allowing fluids to
19flow from a well following a treatment, either in preparation
20for a subsequent phase of treatment or in preparation for
21cleanup and returning the well to production. "Flowback period"
22begins when the material the hydraulic fracturing or fracturing
23fluid returns to the surface following hydraulic fracturing,
24fracturing, or re-fracturing. "Flowback period" ends with
25either well shut in or when the well is producing continuously
26to the flow line or to a storage vessel for collection,

SB3485- 4 -LRB098 19582 MGM 54774 b
1whichever occurs first.
2 "Fracturing" or "stimulation treatment" means the process
3of pumping fluids, gas, or other substances with or without
4proppant down a well under pressure designed to initiate and
5propagate fractures or fracture networks in the targeted
6geologic formation to facilitate oil, natural gas liquids, or
7natural gas extraction.
8 "Fresh water" means surface and subsurface water in its
9natural state that is suitable for drinking water for human
10consumption, domestic livestock, irrigation, industrial,
11municipal and recreational purposes, that is capable of
12supporting aquatic life, and contains less than 10,000 ppm
13total dissolved solids.
14 "Gas" means all natural gas, including casinghead gas, and
15all other natural hydrocarbons not defined as oil.
16 "Groundwater" means any water below the land surface that
17is within the saturated zone or geologic materials where the
18fluid pressure in the pore space is equal to or greater than
19atmospheric pressure.
20 "Health professional" means a physician, physician
21assistant, nurse practitioner, a registered professional
22nurse, emergency medical technician, or other individual
23appropriately licensed or registered to provide health care
25 "High volume horizontal hydraulic fracturing operations"
26or "horizontal drilling with fracturing operations" means all

SB3485- 5 -LRB098 19582 MGM 54774 b
1stages of controlled directional drilling of wells with lateral
2penetration of at least 100 feet through a geologic formation
3targeted for oil, natural gas liquids, or natural gas
4extraction which uses fracturing means all stages of a
5stimulation treatment of a horizontal well as defined by this
6Act by the pressurized application of more than 80,000 gallons
7per stage or more than 300,000 gallons total of hydraulic
8fracturing fluid and proppant to initiate or propagate
9fractures in a geologic formation to enhance extraction or
10production of oil or gas.
11 "High volume horizontal hydraulic fracturing permit" means
12the permit issued by the Department under this Act allowing
13high volume horizontal hydraulic fracturing operations or
14horizontal drilling with fracturing operations to occur at a
15well site.
16 "High volume horizontal hydraulic fracturing treatment"
17shall have the same definition as "High volume horizontal
18hydraulic fracturing operations" or "horizontal drilling with
19fracturing operations".
20 "Horizontal drilling" means all stages of controlled
21directional drilling of a well with lateral penetration of at
22least 100 feet through a geologic formation targeted for oil,
23natural gas liquids, or natural gas extraction.
24 "Horizontal well" means a well with a wellbore drilled
25laterally, at an angle of at least 80 degrees to the vertical
26and with a lateral horizontal projection exceeding 100 feet

SB3485- 6 -LRB098 19582 MGM 54774 b
1measured from the initial point of penetration into the
2geologic productive formation targeted for oil, natural gas
3liquids, or natural gas extraction through the terminus of the
4lateral in the same common source of hydrocarbon supply.
5 "Hydraulic fracturing additive" means any chemical
6substance or combination of chemicals, including, but not
7limited to, any chemical or proppant that is added to a base
8fluid for the purposes of preparing a hydraulic fracturing
9fluid or fracturing fluid for a high volume horizontal
10hydraulic fracturing operation or horizontal drilling with
11fracturing operations.
12 "Hydraulic fracturing flowback" means all hydraulic
13fracturing fluid and other fluids that return to the surface
14after a stage of high volume horizontal hydraulic fracturing
15operations or horizontal drilling with fracturing operations
16has been completed and prior to the well being placed in
18 "Hydraulic fracturing fluid" means the mixture of the base
19fluid and all the hydraulic fracturing additives, used to
20perform high volume horizontal hydraulic fracturing or
21horizontal drilling with fracturing operations.
22 "Hydraulic fracturing string" means any pipe or casing
23string used for the transport of hydraulic fracturing or
24fracturing fluids during the conduct of the high volume
25horizontal hydraulic fracturing operations or horizontal
26drilling with fracturing operations.

SB3485- 7 -LRB098 19582 MGM 54774 b
1 "Intake" means a pipe or other means to withdraw raw water
2from a water source.
3 "Landowner" means the legal title holder or owner of real
4property and includes an owner of an undivided interest, a life
5tenant, a remainderman, a public or private corporation, a
6trustee under an active trust, and the holder of the beneficial
7interest under a land trust. "Landowner" does not include a
8mortgagee, a trustee under a trust deed in the nature of a
9mortgage, a lien holder, or a lessee.
10 "Low pressure well" means a well with reservoir pressure
11and vertical well depth such that 0.445 times the reservoir
12pressure (in psia) minus 0.038 times the vertical well depth
13(in feet) minus 67.578 psia is less than the flow line pressure
14at the sales meter.
15 "Nature preserve" shall have the same meaning as provided
16in Section 3.11 of the Illinois Natural Areas Preservation Act.
17 "Oil" means natural crude oil or petroleum and other
18hydrocarbons, regardless of gravity, which are produced at the
19well in liquid form by ordinary production methods or by the
20use of an oil and gas separator and which are not the result of
21condensation of gas after it leaves the underground reservoir.
22 "Operator" means the individual or entity controlling the
23right to drill or produce a horizontal well in accordance with
24the requirements of the Illinois Oil and Gas Act.
25 "Owner" shall have the same meaning as provided in Section
261 of the Illinois Oil and Gas Act.

SB3485- 8 -LRB098 19582 MGM 54774 b
1 "Perennial stream" means a stream that has continuous flow
2in its stream bed during all of the calendar year.
3 "Permit" means a high volume horizontal hydraulic
4fracturing or horizontal drilling with fracturing operations
6 "Permittee" means a person holding a high volume horizontal
7hydraulic fracturing or horizontal drilling with fracturing
8operations permit under this Act.
9 "Person" means any individual, partnership,
10co-partnership, firm, company, limited liability company,
11corporation, association, joint stock company, trust, estate,
12political subdivision, state agency, or any other legal entity
13or their legal representative, agent, or assigns.
14 "Pollution or diminution" means:
15 (1) in groundwater, any of the following:
16 (A) detection of benzene or any other carcinogen in
17 any Class I, Class II, or Class III groundwater;
18 (B) detection of any constituent in item (i) of
19 subparagraph (A) of paragraph (3) of subsection (a) of
20 35 Ill. Adm. Code 620.310 equal to or above the listed
21 preventive response criteria in any Class I, Class II,
22 or Class III groundwater;
23 (C) detection of any constituent in 35 Ill. Adm.
24 Code 620.410 (a), (b), (c), (d) or (e) equal to or
25 above the listed standard in any Class I, Class II, or
26 Class III groundwater;

SB3485- 9 -LRB098 19582 MGM 54774 b
1 (D) detection of any constituent in Class III
2 groundwater equal to or above a standard established
3 under 35 Ill. Adm. Code 620.260; or
4 (E) detection of any constituent in Class I, Class
5 II, or Class III groundwater equal to or above a
6 cleanup objective listed in 35 Ill. Adm. Code 742.
7 (2) in surface water, exceeding any applicable numeric
8 or narrative standard in 35 Ill. Adm. Code Part 302 or Part
9 304.
10 "Produced water" means water, regardless of chloride and
11total dissolved solids content, that is produced in conjunction
12with oil or natural gas production or natural gas storage
13operations, but does not include hydraulic fracturing
15 "Proppant" means sand or any natural or man-made material
16that is used during high volume horizontal hydraulic fracturing
17operations or horizontal drilling with fracturing operations
18to prop open the artificially created or enhanced fractures.
19 "Public water supply" means all mains, pipes, and
20structures through which water is obtained and distributed to
21the public, including wells and well structures, intakes and
22cribs, pumping stations, treatment plants, reservoirs, and
23storage tanks and appurtenances, collectively or severally,
24actually used or intended for use for the purpose of furnishing
25water for drinking or general domestic use, and which serves at
26least 15 service connections or which regularly serves at least

SB3485- 10 -LRB098 19582 MGM 54774 b
125 persons at least 60 days per year.
2 "Register of Land and Water Reserves" means the list of
3areas registered in accordance with Section 16 of the Illinois
4Natural Areas Preservation Act and Part 4010 of Title 17 of the
5Illinois Administrative Code.
6 "Release" means any spilling, leaking, pumping, pouring,
7emitting, emptying, discharging, injecting, escaping,
8leaching, dumping, or disposing into the environment.
9 "Serious violation" means any violation set forth in 62
10Ill. Adm. Code 240.140(c).
11 "Service connection" means the opening, including all
12fittings and appurtenances, at the water main through which
13water is supplied to the user.
14 "Surface water" means all water that is open to the
15atmosphere and subject to surface runoff.
16 "Total water volume" means the total quantity of water from
17all sources used in the high volume horizontal hydraulic
18fracturing operations, including surface water, groundwater,
19produced water, or recycled water.
20 "True vertical depth" or "TVD" means the vertical distance
21from a depth in a planned or existing wellbore or well to a
22point at the surface.
23 "Water pollution" means any alteration of the physical,
24thermal, chemical, biological, or radioactive properties of
25any waters of the State, or the discharge of any contaminant
26into any water of the State, as will or is likely to create a

SB3485- 11 -LRB098 19582 MGM 54774 b
1nuisance or render the waters harmful, detrimental, or
2injurious to public health, safety, or welfare, or to domestic,
3commercial, industrial, agricultural, recreational, or other
4legitimate uses, or to livestock, wild animals, birds, or fish
5or other aquatic life.
6 "Water source" means (1) any existing water well or
7developed spring used for human or domestic animal consumption,
8or (2) any river, perennial stream, aquifer, natural or
9artificial lake, pond, wetland listed on the Register of Land
10and Water Reserves, or reservoir.
11 "Well" means any drill hole required to be permitted under
12the Illinois Oil and Gas Act.
13 "Well site" means surface areas, including the well,
14occupied by all equipment or facilities necessary for or
15incidental to high volume horizontal hydraulic fracturing
16operations, horizontal drilling with fracturing operations,
17drilling, production, or plugging a well.
18 "Wildcat well" means a well outside known fields or the
19first well drilled in an oil or gas field where no other oil
20and gas production exists.
21 "Wildlife" means any bird or mammal that are by nature wild
22by way of distinction from those that are naturally tame and
23are ordinarily living unconfined in a state of nature without
24the care of man.
25(Source: P.A. 98-22, eff. 6-17-13.)