Illinois Hydraulic Fracturing Regulatory Act

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## Contents

* 1 Fracking background
* 2 History
* 3 Permitting
* 4 Regulation of drilling
* 4.1 Water
* 5 Reporting
* 6 Legislative oversight
* 7 Criminal and civil penalties
* 8 Taxes
* 9 Recent news
* 10 See also
* 11 External links
* 12 Footnotes

The Hydraulic Fracturing Regulatory Act (2013) allowed the Illinois Department of Natural Resources (IDNR) to grant state permits for fracking operators to extract oil and gas.[1][2][3]

## Fracking background[edit]

Hydraulic fracturing, also known as fracking, is a method of oil and natural gas extraction. The process involves injecting fluid into subterranean rock formations at high pressure. The high-pressure fluid produces a fracture network that allows crude oil and natural gas inside dense rocks to flow into a wellbore and be extracted at the surface. The fluid (known as frac fluid) contains between 98 percent and 99.5 percent water and sand; between 0.5 percent and 2 percent of the fluid is composed of chemical additives, which are used to stop the growth of microorganisms, prevent well casing corrosion, increase the rate at which the fluid is injected, and reduce pressure, among other things.[4]

According to the U.S. Energy Information Administration (EIA), there were approximately 23,000 hydraulically fractured wells in the United States in 2000. In 2015, the United States contained approximately 300,000 hydraulically fractured wells, accounting for 67 percent of U.S. natural gas production and 51 percent of U.S. crude oil production.[5][6][7]

## History[edit]

The Illinois Hydraulic Fracturing Regulatory Act was first read in the Senate on February 15, 2013. The bill was passed in June 2013.[8][9][10][11]

## Permitting[edit]

An oil and gas operator looking to frack in Illinois must first register with the Illinois Department of Natural Resources (IDNR). Thirty days after registering, operators can apply for a fracking permit. A permit is required for each well to be fracked. Permits include the oil and gas operating company's name and address. Permit seekers must hold least $5 million in insurance coverage and submit a plan containing details of the planned operation, a list of the chemicals that are expected to be used during the fracking process. These applications are approved by the municipality where the fracking will occur. All permits are to be posted online within five days of being received by the IDNR. All applications are followed by a 30-day public comment period, during which the public can request a public hearing. Permits can be revoked at any time if information in the application is incorrect or misleading, or if the applicant violates applicable state laws.[1]

If chemicals used during the fracking process are considered by operators to be a trade secret, applicants must include a complete list and a redacted list they supply their chemical list to the IDNR. Operators must also justify these chemicals' consideration for trade secret protection. The IDNR reserves the right to release the full chemical list if a spill occurs and share the chemical list with associated agencies.[1]

## Regulation of drilling[edit]

The act regulates the distance between oil and gas wells and certain properties, such as water wells and nature preserves. The act specifies standards for access roads, the removal of topsoil, valves, road repair, fueling tanks, well casings, reserve pits, flowback, and other aspects of the drilling process. The law establishes tests for cement strength, VOCs, heavy metals, NORMs, well strength, water quality, and other environmental and health impacts. In addition, the law sets standards for well casing lengths, blowout prevention, inspection requirements and record keeping. The discharge of fracking fluids, produced water or BTEX into freshwater and the injection of diesel during fracking are prohibited.[1]

Specific rules and time frames exist for applicants to notify the IDNR of their actions, such as well drilling, casting, fracking, and any suspension of operations due to concerns over well integrity. The law also establishes standards for natural gas emissions controls. Operators are required to minimize emissions where it is technologically and economically feasible. Emissions that cannot be captured must instead be redirected to a flare. Once a well is no longer operating and has been plugged, operators must return the land to its original condition.[1]

### Water[edit]

Produced water may be disposed of using injection while frac fluids can be disposed of in a Class II injection well. Any frac fluids released equaling more than one barrel must be reported to the IDNR. Operators must compile a report on the transportation and disposal of all flowback and fracking fluids. Annual reports must be completed for the IDNR by April 30 for each year in which the well is in operation.[1]

Operators are required to have a third party test water wells and groundwater within 1,500 feet of a fracking operation before extraction can begin. These baseline tests are compared to follow-up tests six, 18 and 30 months after fracking has been completed. These water tests measure data on pH levels, total dissolved solids, dissolved methane, BTEX, NORMs, arsenic and lead.[1]

The IDNR can investigate claims that water sources have been polluted or diminished. The investigation must begin within 30 days of the IDNR's being notified. If water is found to have been polluted, the operator is responsible for supplying an alternative water source.[1]

## Reporting[edit]

Within 60 days of concluding the fracking of a well, operators must write a concluding report to be available online on the Illinois State Geological Survey's website.[1]

## Legislative oversight[edit]

The law established a Hydraulic Fracturing Regulation Task Force composed of four state legislators, the governor, the directors of the IDNR, IEPA, the Illinois State Geological Survey, the Illinois Attorney General, and four representatives from environmental groups and oil and gas organizations.[1]

## Criminal and civil penalties[edit]

Criminal and civil penalties for violations range from a $10,000 fine and Class A misdemeanor to $50,000 fine per day of violation and a Class 3 felony. All violations of the law are found in a database on the IDNR's website.[1]

## Taxes[edit]

During the first 24 months of a well's operation, a 3 percent to 6 percent tax is levied against the value of all oil and gas extracted depending on the amount extracted. Wells producing fewer than 15 barrels of oil a month are exempted from the tax.[1]

## Recent news[edit]

The link below is to the most recent stories in a Google news search for the terms Illinois Hydraulic Fracturing Regulatory Act. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Illinois Hydraulic Fracturing Regulatory Act - Google News

## See also[edit]

* Fracking
* Fracking in Illinois
* Energy Policy in Illinois

## External links[edit]

* Office of Oil and Gas Resource Management
* Illinois Hydraulic Fracturing Regulatory Act Text
* Frac Focus, "National Hydraulic Fracturing Chemical Registry"
* Frac Focus "Regulations by State"

## Footnotes[edit]

1. ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 Illinois General Assembly, "Public Act 098-0022," accessed April 1, 2016
2. ↑ ThinkProgress, "Illinois Adopts Nation's Strictest Fracking Regulations," June 19, 2013
3. ↑ Chicago Tribune, "Environmentalists feel betrayed by proposed fracking rules," November 17, 2013
4. ↑ Frack Wire, “What is Fracking,” accessed January 28, 2014
5. ↑ University of Oklahoma, "Hydraulic Fracturing and Water Resources," accessed March 12, 2014
6. ↑ U.S. Energy Information Administration, "Hydraulic fracturing accounts for about half of current U.S. crude oil production," March 15, 2016
7. ↑ U.S. Energy Information Administration, "Hydraulically fractured wells provide two-thirds of U.S. natural gas production," May 5, 2016
8. ↑ Illinois General Assembly, "Bill Status of SB 1715," accessed March 11, 2014
9. ↑ State of Illinois, "House Roll Call" May 30, 2013
10. ↑ State of Illinois, "Senate Vote," May 31, 2013
11. ↑ The Daily Illi, "Fracking makes it debut in Illinois under strictest regulatory laws in the US," October 24, 2013

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