Bill Text: IN HB1209 | 2013 | Regular Session | Introduced


Bill Title: Environmental review of hydraulic fracturing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-01-10 - First reading: referred to Committee on Natural Resources [HB1209 Detail]

Download: Indiana-2013-HB1209-Introduced.html


Introduced Version






HOUSE BILL No. 1209

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 14-8-2-19.5; IC 14-37-7-8.5.

Synopsis: Environmental review of hydraulic fracturing. Requires an owner or operator of a well for oil and gas purposes to submit an environmental compliance plan (plan) to the department of natural resources (department) for review and approval of the plan before performing hydraulic fracturing. Requires that the plan contain certain information, including the chemical constituents to be used in the hydraulic fracturing, a description of the geology of the area where the well is located, and a pollution risk analysis. Provides that proprietary or trade secret information need not be disclosed in the plan, but that the department may require disclosure of the proprietary or trade secret information in case of a medical emergency. Requires the department to publish approved plans on its web site. Requires the department to prescribe processes for approving plans and for the disclosure of proprietary information in a medical emergency.

Effective: July 1, 2013.





Pierce




    January 10, 2013, read first time and referred to Committee on Natural Resources.







Introduced

First Regular Session 118th General Assembly (2013)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1209



    A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 14-8-2-19.5; (13)IN1209.1.1. -->     SECTION 1. IC 14-8-2-19.5, AS ADDED BY P.L.16-2012, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 19.5. "Base fluid", for purposes of IC 14-37-3-8, IC 14-37, means a fluid into which additives are mixed to form the hydraulic fracturing fluid that transports proppants into a geologic formation.
SOURCE: IC 14-37-7-8.5; (13)IN1209.1.2. -->     SECTION 2. IC 14-37-7-8.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8.5. (a) This section applies to hydraulic fracturing operations that begin or increase the production area of a well for oil and gas purposes after June 30, 2013.
    (b) An owner or operator:
        (1) shall submit an environmental compliance plan to the department for review; and
        (2) must receive the department's approval of the plan;
before hydraulic fracturing operations begin or increase the production area of a well for oil and gas purposes.
    (c) An environmental compliance plan submitted under subsection (b) must include the following:
        (1) The location and total depth of the well for oil and gas purposes.
        (2) The volume and source of the base fluid to be used in the hydraulic fracturing.
        (3) A description of each additive product to be used in the hydraulic fracturing.
        (4) The volume of each additive product to be used in the hydraulic fracturing, expressed as a maximum percentage of the total fracturing fluid volume.
        (5) The maximum surface treating pressure and injection treating pressure to be used in the hydraulic fracturing.
        (6) A detailed geographic analysis of the well for oil and gas purposes and its surrounding area, including the rock type and the direction and magnitude of regional tectonic stresses.
        (7) The results of any pre-drilling or pre-alteration survey performed on the well for oil and gas purposes with respect to conducting hydraulic fracturing.
        (8) An analysis of whether the proposed hydraulic fracturing will pollute or otherwise endanger water or land in Indiana.
        (9) Any other information required by the department.
Except as provided in subsection (f), an owner or operator is not required to submit to the department proprietary chemical formulas or trade secret information related to hydraulic fracturing.
    (d) The department shall prescribe a process for reviewing and approving an environmental compliance plan submitted under this section that includes:
        (1) the effect of performing hydraulic fracturing on compliance with the federal Safe Drinking Water Act (Public Law 95-523, as amended by Public Law 96-502, 42 U.S.C. 300f et seq.);
        (2) whether hydraulic fracturing will pollute or otherwise endanger water or land in Indiana; and
        (3) additional topics that the department considers necessary.
In reviewing the plan, the department shall use data, maps, and other publications made available by the Indiana geological survey.
    (e) Not later than sixty (60) days after receipt of an environmental compliance plan submitted for review and approval under subsection (b), the department shall notify the owner or operator of the department's determination. An owner or operator

may amend and resubmit an environmental compliance plan that is disapproved by the department.
    (f) If a medical emergency professional or the department determines that:
        (1) a medical emergency exists; and
        (2) the information is necessary for purposes of providing medical or first aid care;
an owner or operator shall immediately disclose to the medical emergency professional or the department proprietary chemical formula or trade secret information related to hydraulic fracturing. The department shall prescribe a process for the disclosure of proprietary information under this subsection.
    (g) The department shall publish approved environmental compliance plans on the department's Internet web site.
    (h) The department shall adopt rules under IC 4-22-2 to implement this section, including a rule requiring periodic updates of an approved environmental compliance plan.
    (i) The department may act under IC 14-10-2-5 to adopt emergency rules in the manner provided by IC 4-22-2-37.1 to carry out this section. An emergency rule adopted under this subsection expires on the earliest of the following:
        (1) The date another emergency rule adopted under this subsection or a permanent rule adopted under IC 4-22-2 on the same subject becomes effective.
        (2) The date specified in the emergency rule adopted under this subsection.
        (3) December 31, 2015.
This subsection expires January 1, 2016.

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