Bill Text: MI HB4900 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Natural resources; gas and oil; hydraulic fracturing operations; require certain information and reports to be submitted. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding secs. 61531, 61532, 61533 & 61534.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2013-08-02 - Printed Bill Filed 07/19/2013 [HB4900 Detail]
Download: Michigan-2013-HB4900-Introduced.html
HOUSE BILL No. 4900
July 18, 2013, Introduced by Reps. Irwin, Tlaib, Hovey-Wright, Geiss, Robinson, Roberts, Barnett, Lipton, Cavanagh, Slavens, Schor, Singh and Darany and referred to the Committee on Energy and Technology.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding sections 61531, 61532, 61533,
and 61534.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 61531. (1) In addition to other requirements of this
part, this section and sections 61532 to 61534 apply to wells that
are used or are intended for use for hydraulic fracturing.
(2) As used in this section and in sections 61532 to 61534:
(a) "Additive" means any substance or combination of
substances found in a hydraulic fracturing fluid, including a
proppant, that is added to a base fluid in the context of a
hydraulic fracturing operation, whether or not the function of any
the substance or combination of substances is to create fractures
in a formation.
(b) "Applicant" means an applicant for a permit under this
part for a natural gas well.
(c) "Base fluid" means the base fluid type used in a
particular hydraulic fracturing operation, such as water, including
fresh water and recycled water, nitrogen gas and foam fluids, and
hydrocarbon gas.
(d) "CAS number" means the unique identification number
assigned by the chemical abstracts service to a chemical
ingredient.
(e) "Chemical abstracts service" means the chemical registry
that is the authoritative collection of disclosed chemical
substance information.
(f) "Chemical ingredient" means a discrete chemical
constituent with its own specific name or identity, such as a CAS
number, that is contained in an additive.
(g) "Fracturing additive system" means a specific combination
of additives that is made available as a total system that is
designed to serve multiple purposes and is added to a base fluid in
the context of a hydraulic fracturing operation.
(h) "Health professional" means a physician, industrial
hygienist, toxicologist, epidemiologist, nurse, or emergency
responder providing medical or other health services to a person
exposed to a chemical ingredient.
(i) "Hydraulic fracturing" means injecting foam or fluid in a
well under pressure to create fractures in a formation and thereby
enhance production of hydrocarbons.
(j) "Hydraulic fracturing fluid" means the fluid used to
perform hydraulic fracturing and includes the applicable base fluid
and all additives.
(k) "Hydraulic fracturing fluid tracer" means an element,
compound, or isotope that is added to hydraulic fracturing fluid to
delineate groundwater flow paths and estimate time of travel, and
that meets both of the following requirements:
(i) The tracer substance is traceable to a specific person
after the tracer substance is used in a hydraulic fracturing
operation.
(ii) The department has determined that the use of the tracer
substance in a hydraulic fracturing operation will not endanger
public health, safety, or welfare or the environment.
(l) "Master list" means a list of all chemical ingredients, and
their associated CAS numbers, that were used by a permittee or a
service company, or were supplied by a supplier to a permittee or a
service company, during a calendar year in connection with any
hydraulic fracturing operations conducted in this state.
(m) "Material safety data sheet" means a material safety data
sheet authorized under 29 CFR 1910.
(n) "Permittee" means a person that has been issued a permit
under this part for a natural gas well.
(o) "Proppant" means sand or another natural or man-made
material that is used in a hydraulic fracturing operation to
prevent artificially created or enhanced fractures from closing
once the treatment is completed.
(p) "Purpose", unless the context implies otherwise, means a
brief descriptor of the intended use or function of an additive, or
the intended uses or functions of a fracturing additive system,
such as acid, biocide, breaker, corrosion inhibitor, crosslinker,
demulsifier, friction reducer, gel, iron control agent, oxygen
scavenger, pH adjusting agent, proppant, scale inhibitor, or
surfactant.
(q) "Service company" means a person that performs hydraulic
fracturing in this state for a permittee.
(r) "Supplier" means a person, including an operator but
excluding a service company, that provides an additive or a
fracturing additive system to a permittee for use in connection
with hydraulic fracturing.
(s) "Trade name" means the name under which an additive or a
fracturing additive system is sold or marketed.
Sec. 61532. (1) The department shall not issue a permit under
this part to drill a well that will use hydraulic fracturing as a
production technique unless the applicant provides to the
department all of the following information for its review and
approval:
(a) The type and volume of base fluid used in the hydraulic
fracturing operation, expressed in gallons or other units approved
by the department.
(b) The trade name and supplier of each additive or the trade
name and supplier of the fracturing additive system, as applicable,
that is to be used in the hydraulic fracturing fluid.
(c) The purpose of each additive or the purposes of the
fracturing additive system, as applicable.
(d) A list of all chemical ingredients contained in each
additive or in the fracturing additive system, as applicable,
described under subdivision (b), and their associated CAS numbers.
(e) The actual or maximum concentration of each chemical
ingredient listed under subdivision (d), expressed as a percent by
mass of the total volume of hydraulic fracturing fluid used.
(f) The material safety data sheets associated with chemical
ingredients to be used in the hydraulic fracturing operation.
(g) The name of the service company that will be used, when
known.
(h) An evaluation of whether there are alternative hydraulic
fracturing operations that could be utilized that provide less
potential risk to public health, safety, or welfare or to the
environment than the proposed hydraulic fracturing operation and,
if an alternative exists, the reasons why the alternative is not
being proposed.
(i) The specific substances that will be included within the
hydraulic fracturing fluid tracer that will be used in conjunction
with the hydraulic fracturing operation.
(2) A permittee that intends to use a hydraulic fracturing
operation that was not previously authorized in the permit shall
provide the information described in subsection (1) to the
department for its review and approval.
(3) A permittee that wishes to modify his or her hydraulic
fracturing operation in a manner inconsistent with the information
provided to the department under subsection (1) or (2) shall
provide updated information to the department for its review and
approval.
(4) The department shall post the information provided under
subsections (1), (2), and (3) on the department's website for a
period of at least 60 days prior to making a decision under this
section, to allow for public notice and comment. The information
shall remain on the website until 3 years after completion of the
hydraulic fracturing operation. In addition, the department shall
provide notice to both of the following that information regarding
a proposed hydraulic fracturing operation has been posted on its
website:
(a) Media outlets in the vicinity of the location of the
proposed hydraulic fracturing operation.
(b) The local units of government in which the proposed
hydraulic fracturing operation will occur.
(5) Following the period specified for public notice and
comment under subsection (4), the department may approve a proposed
hydraulic fracturing operation proposal submitted under this
section. However, if the department determines that an alternative
hydraulic fracturing operation that provides greater protection to
public health, safety, or welfare or to the environment is
feasible, the department shall disapprove the proposed hydraulic
fracturing operation. If the department disapproves a proposed
hydraulic fracturing operation proposal under this subsection, the
applicant or permittee may resubmit a modified hydraulic fracturing
operation proposal for the department's consideration.
(6) An applicant or permittee is not responsible for unknown
inaccuracies in the information that is provided to the department
under subsection (1)(b) that the applicant or permittee received
from a supplier or third-party manufacturer of the additives.
Sec. 61533. (1) On or before February 1 of each year, a
permittee that utilized hydraulic fracturing during the previous
calendar year shall submit to the department both of the following
related to the use of hydraulic fracturing operations during that
year:
(a) A master list.
(b) A report listing the total quantity of each chemical
ingredient, identified by name and CAS number, that was used for
hydraulic fracturing operations in this state during the previous
calendar year.
(2) On or before March 1 of each year, the department shall
compile a publicly available comprehensive list of chemical
ingredients and quantities used aggregated from all the information
submitted to the department pursuant to subsection (1).
Sec. 61534. (1) A person shall supply the following
information related to hydraulic fracturing to a health care
professional:
(a) Information regarding additives or chemical ingredients
needed by the health care professional for diagnostic purposes.
This information shall be provided directly to the health care
professional as follows:
(i) Immediately upon request, in a case identified by the
health care professional as a medical emergency. If the health care
professional's initial request for information does not satisfy the
requirements of a statement of need as described in subsection (2),
as soon after the emergency as circumstances permit, the health
care professional shall provide to the person disclosing the
information a written statement of the need for the information.
(ii) Upon receipt of a written statement of need from the
health care professional, in cases that are not medical
emergencies.
(b) Any other information, the disclosure of which is required
by a state or federal law.
(2) The statement of need referred to in subsection (1)(a)(i)
or (ii) shall state all of the following:
(a) The health care professional has a reasonable basis to
believe the information is needed for diagnosis or treatment of an
individual.
(b) The individual being diagnosed or treated may have been
exposed to the chemical ingredient.
(c) Knowledge of the specific chemical ingredient identity is
likely to assist in diagnosis or treatment.
