Bill Text: IL SB3330 | 2013-2014 | 98th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Hydraulic Fracturing Regulatory Act. Adds references to "horizontal drilling with fracturing operations" alongside "high volume horizontal hydraulic fracturing". Makes changes in required information included in applications for permits. Provides that the chemical disclosure information required by the Act shall be submitted at the time of permit application. Provides that the Department of Natural Resources shall add the updated contents of the fluid used in any and all well treatments to the public chemical disclose lists and to the medical and emergency use chemical disclosure lists for the respective wells no later than 24 hours from the time of receiving the updated information. Provides that the provision protecting trade secrets concerning chemical disclosure under the Act shall not apply to the requests for information from the medical and emergency health care community.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3330 Detail]

Download: Illinois-2013-SB3330-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB3330 Introduced 2/14/2014, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
225 ILCS 732/1-35
225 ILCS 732/1-75
225 ILCS 732/1-77
225 ILCS 732/1-110
Amends the Hydraulic Fracturing Regulatory Act. Adds references to "horizontal drilling with fracturing operations" alongside "high volume horizontal hydraulic fracturing". Makes changes in required information included in applications for permits. Provides that the chemical disclosure information required by the Act shall be submitted at the time of permit application. Provides that the Department of Natural Resources shall add the updated contents of the fluid used in any and all well treatments to the public chemical disclose lists and to the medical and emergency use chemical disclosure lists for the respective wells no later than 24 hours from the time of receiving the updated information. Provides that the provision protecting trade secrets concerning chemical disclosure under the Act shall not apply to the requests for information from the medical and emergency health care community.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Hydraulic Fracturing Regulatory Act is
amended by changing Sections 1-35, 1-75, 1-77, and 1-110 as
follows:
(225 ILCS 732/1-35)
Sec. 1-35. High volume horizontal hydraulic fracturing or
horizontal drilling with fracturing operations permit
application.
(a) Every applicant for a permit under this Act shall first
register with the Department at least 30 days before applying
for a permit. The Department shall make available a
registration form within 90 days after the effective date of
this Act. The registration form shall require the following
information:
(1) the name and address of the registrant and any
parent, subsidiary, or affiliate thereof;
(2) disclosure of all findings of a serious violation
or an equivalent violation under federal or state laws or
regulations in the development or operation of an oil or
gas exploration or production site via hydraulic
fracturing or horizontal drilling with fracturing

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operations by the applicant or any parent, subsidiary, or
affiliate thereof within the previous 5 years; and
(3) proof of insurance to cover injuries, damages, or
loss related to pollution or diminution in the amount of at
least $5,000,000, from an insurance carrier authorized,
licensed, or permitted to do this insurance business in
this State that holds at least an A- rating by A.M. Best &
Co. or any comparable rating service.
A registrant must notify the Department of any change in
the information identified in paragraphs (1), (2), or (3) of
this subsection (a) at least annually or upon request of the
Department.
(b) Every applicant for a permit under this Act must submit
the following information to the Department on an application
form provided by the Department:
(1) the name and address of the applicant and any
parent, subsidiary, or affiliate thereof;
(2) the proposed well name and address and legal
description of the well site and its unit area;
(3) a statement whether the proposed location of the
well site is in compliance with the requirements of Section
1-25 of this Act and a plat, which shows the proposed
surface location of the well site, providing the distance
in feet, from the surface location of the well site to the
features described in subsection (a) of Section 1-25 of
this Act;

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(4) a detailed description of the proposed well to be
used for the high volume horizontal hydraulic fracturing
operations or horizontal drilling with fracturing
operations including, but not limited to, the following
information:
(A) the approximate total depth to which the well
is to be drilled or deepened;
(B) the proposed angle and direction of the well;
(C) the actual depth or the approximate depth at
which the well to be drilled deviates from vertical;
(D) the angle and direction of any nonvertical
portion of the wellbore until the well reaches its
total target depth or its actual final depth; and
(E) the estimated length and direction of the
proposed horizontal lateral or wellbore;
(5) the estimated depth and elevation, according to the
most recent publication of the Illinois State Geological
Survey of Groundwater for the location of the well, of the
lowest potential fresh water along the entire length of the
proposed wellbore;
(6) a detailed description of the proposed high volume
horizontal hydraulic fracturing operations or horizontal
drilling with fracturing operations, including, but not
limited to, the following:
(A) the formation affected by the high volume
horizontal hydraulic fracturing operations or

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horizontal drilling with fracturing operations,
including, but not limited to, geologic name and
geologic description of the formation that will be
stimulated by the operation;
(B) the anticipated surface treating pressure
range;
(C) the maximum anticipated injection treating
pressure;
(D) the estimated or calculated fracture pressure
of the producing and confining zones; and
(E) the planned depth of all proposed perforations
or depth to the top of the open hole section;
(7) a plat showing all known previous wellbores well
bores within 1,500 750 feet of any part of the horizontal
wellbore well bore that penetrated within 400 vertical feet
of the formation that will be stimulated as part of the
high volume horizontal hydraulic fracturing operations or
horizontal drilling with fracturing operations;
(8) unless the applicant documents why the information
is not available at the time the application is submitted,
a chemical disclosure report identifying each chemical and
proppant anticipated to be used in hydraulic fracturing
fluid or fracturing fluid for each stage of the hydraulic
fracturing operations including the following:
(A) the total volume of water anticipated to be
used in the hydraulic fracturing or fracturing

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treatment of the well or the type and total volume of
the base fluid anticipated to be used in the hydraulic
fracturing or fracturing treatment, if something other
than water;
(B) each hydraulic fracturing or fracturing
additive anticipated to be used in the hydraulic
fracturing or fracturing fluid, including the trade
name, vendor, a brief descriptor of the intended use or
function of each hydraulic fracturing or fracturing
additive, and the Material Safety Data Sheet (MSDS), if
available applicable;
(C) each chemical anticipated to be intentionally
added to the base fluid, including for each chemical,
the Chemical Abstracts Service number, if available
applicable; and
(D) the anticipated concentration in the base
fluid, in percent by mass, of each chemical to be
intentionally added to the base fluid;
(9) a certification of compliance with the Water Use
Act of 1983 and applicable regional water supply plans;
(10) a fresh water withdrawal and management plan that
shall include the following information:
(A) the source of the water, such as surface or
groundwater, anticipated to be used for water
withdrawals, and the anticipated withdrawal location;
(B) the anticipated volume and rate of each water

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withdrawal from each withdrawal location;
(C) the anticipated months when water withdrawals
shall be made from each withdrawal location;
(D) the methods to be used to minimize water
withdrawals as much as feasible; and
(E) the methods to be used for surface water
withdrawals to minimize adverse impact to aquatic
life.
Where a surface water source is wholly contained within
a single property, and the owner of the property expressly
agrees in writing to its use for water withdrawals, the
applicant is not required to include this surface water
source in the fresh water withdrawal and management plan; .
(11) a plan for the handling, storage, transportation,
and disposal or reuse of hydraulic fracturing fluids and
hydraulic fracturing flowback. The plan shall identify the
specific Class II injection well or wells that will be used
to dispose of the hydraulic fracturing flowback. The plan
shall describe the capacity of the tanks to be used for the
capture and storage of flowback and of the lined reserve
pit to be used, if necessary, to temporarily store any
flowback in excess of the capacity of the tanks.
Identification of the Class II injection well or wells
shall be by name, identification number, and specific
location and shall include the date of the most recent
mechanical integrity test for each Class II injection well;

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(12) a well site safety plan to address proper safety
measures to be employed during high volume horizontal
hydraulic fracturing operations for the protection of
persons on the site as well as the general public. Within
15 calendar days after submitting the permit application to
the Department, the applicant must provide a copy of the
plan to the county or counties in which hydraulic
fracturing operations will occur. Within 5 calendar days of
its receipt, the Department shall provide a copy of the
well site safety plan to the Office of the State Fire
Marshal;
(13) a containment plan describing the containment
practices and equipment to be used and the area of the well
site where containment systems will be employed, and within
5 calendar days of its receipt, the Department shall
provide a copy of the containment plan to the Office of the
State Fire Marshal;
(14) a casing and cementing plan that describes the
casing and cementing practices to be employed, including
the size of each string of pipe, the starting point, and
depth to which each string is to be set and the extent to
which each string is to be cemented;
(15) a traffic management plan that identifies the
anticipated roads, streets, and highways that will be used
for access to and egress from the well site. The traffic
management plan will include a point of contact to discuss

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issues related to traffic management. Within 15 calendar
days after submitting the permit application to the
Department, the applicant must provide a copy of the
traffic management plan to the county or counties in which
the well site is located, and within 5 calendar days of its
receipt, the Department shall provide a copy of the traffic
management plan to the Office of the State Fire Marshal;
(16) the names and addresses of all owners of any real
property within 1,500 feet of the proposed well site, as
disclosed by the records in the office of the recorder of
the county or counties;
(17) drafts of the specific public notice and general
public notice as required by Section 1-40 of this Act;
(18) a statement that the well site at which the high
volume horizontal hydraulic fracturing operation will be
conducted will be restored in compliance with Section
240.1181 of Title 62 of the Illinois Administrative Code
and Section 1-95 of this Act;
(19) proof of insurance to cover injuries, damages, or
loss related to pollution in the amount of at least
$5,000,000; and
(20) any other relevant information which the
Department may, by rule, require.
(c) Where an application is made to conduct high volume
horizontal fracturing operations at a well site located within
the limits of any city, village, or incorporated town, the

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application shall state the name of the city, village, or
incorporated town and be accompanied with a certified copy of
the official consent for the hydraulic fracturing operations to
occur from the municipal authorities where the well site is
proposed to be located. No permit shall be issued unless
consent is secured and filed with the permit application. In
the event that an amended location is selected, the original
permit shall not be valid unless a new certified consent is
filed for the amended location.
(d) The hydraulic fracturing permit application shall be
accompanied by a bond as required by subsection (a) of Section
1-65 of this Act.
(e) Each application for a permit under this Act shall
include payment of a non-refundable fee of $13,500. Of this
fee, $11,000 shall be deposited into the Mines and Minerals
Regulatory Fund for the Department to use to administer and
enforce this Act and otherwise support the operations and
programs of the Office of Mines and Minerals. The remaining
$2,500 shall be deposited into the Illinois Clean Water Fund
for the Agency to use to carry out its functions under this
Act. The Department shall not initiate its review of the permit
application until the applicable fee under this subsection (e)
has been submitted to and received by the Department.
(f) Each application submitted under this Act shall be
signed, under the penalty of perjury, by the applicant or the
applicant's designee who has been vested with the authority to

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act on behalf of the applicant and has direct knowledge of the
information contained in the application and its attachments.
Any person signing an application shall also sign an affidavit
with the following certification:
"I certify, under penalty of perjury as provided by law
and under penalty of refusal, suspension, or revocation of
a high volume horizontal hydraulic fracturing permit, that
this application and all attachments are true, accurate,
and complete to the best of my knowledge.".
(g) The permit application shall be submitted to the
Department in both electronic and hard copy format. The
electronic format shall be searchable.
(h) The application for a high volume horizontal hydraulic
fracturing permit may be submitted as a combined permit
application with the operator's application to drill on a form
as the Department shall prescribe. The combined application
must include the information required in this Section. If the
operator elects to submit a combined permit application,
information required by this Section that is duplicative of
information required for an application to drill is only
required to be provided once as part of the combined
application. The submission of a combined permit application
under this subsection shall not be interpreted to relieve the
applicant or the Department from complying with the
requirements of this Act or the Illinois Oil and Gas Act.
(i) Upon receipt of a permit application, the Department

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shall have no more than 60 calendar days from the date it
receives the permit application to approve, with any conditions
the Department may find necessary, or reject the application
for the high volume horizontal hydraulic fracturing permit. The
applicant may waive, in writing, the 60-day deadline upon its
own initiative or in response to a request by the Department.
(j) If at any time during the review period the Department
determines that the permit application is not complete under
this Act, does not meet the requirements of this Section, or
requires additional information, the Department shall notify
the applicant in writing of the application's deficiencies and
allow the applicant to correct the deficiencies and provide the
Department any information requested to complete the
application. If the applicant fails to provide adequate
supplemental information within the review period, the
Department may reject the application.
(Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
(225 ILCS 732/1-75)
Sec. 1-75. High volume horizontal hydraulic fracturing
operations and horizontal drilling with fracturing operations.
(a) General.
(1) During all phases of high volume horizontal
hydraulic fracturing operations or horizontal drilling
with fracturing operations, the permittee shall comply
with all terms of the permit.

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(2) All phases of high volume horizontal hydraulic
fracturing operations or horizontal drilling with
fracturing operations shall be conducted in a manner that
shall not pose a significant risk to public health, life,
property, aquatic life, or wildlife.
(3) The permittee shall notify the Department by phone,
electronic communication, or letter, at least 48 hours
prior to the commencement of high volume horizontal
hydraulic fracturing operations or horizontal drilling
with fracturing operations.
(b) Integrity tests and monitoring.
(1) Before the commencement of high volume horizontal
hydraulic fracturing operations or horizontal drilling
with fracturing operations, all mechanical integrity tests
required under subsection (d) of Section 1-70 and this
subsection must be successfully completed.
(2) Prior to commencing high volume horizontal
hydraulic fracturing operations or horizontal drilling
with fracturing operations and pumping of hydraulic
fracturing fluid or fracturing fluid, the injection lines
and manifold, associated valves, fracture head or tree and
any other wellhead component or connection not previously
tested must be tested with fresh water, mud, or brine to at
least the maximum anticipated treatment pressure for at
least 30 minutes with less than a 5% pressure loss. A
record of the pressure test must be maintained by the

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operator and made available to the Department upon request.
The actual high volume horizontal hydraulic fracturing or
fracturing treatment pressure must not exceed the test
pressure at any time during high volume horizontal
hydraulic fracturing operations or horizontal drilling
with fracturing operations.
(3) The pressure exerted on treating equipment
including valves, lines, manifolds, hydraulic fracturing
or fracturing head or tree, casing and hydraulic fracturing
or fracturing string, if used, must not exceed 95% of the
working pressure rating of the weakest component. The high
volume horizontal hydraulic fracturing or horizontal
drilling with fracturing operations treatment pressure
must not exceed the test pressure of any given component at
any time during high volume horizontal hydraulic
fracturing operations or horizontal drilling with
fracturing operations.
(4) During high volume horizontal hydraulic fracturing
operations or horizontal drilling with fracturing
operations, all annulus pressures, the injection pressure,
and the rate of injection shall be continuously monitored
and recorded. The records of the monitoring shall be
maintained by the operator and shall be provided to the
Department upon request at any time during the period up to
and including 5 years after the well is permanently plugged
or abandoned.

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(5) High volume horizontal hydraulic fracturing
operations or horizontal drilling with fracturing
operations must be immediately suspended if any anomalous
pressure or flow condition or any other anticipated
pressure or flow condition is occurring in a way that
indicates the mechanical integrity of the well has been
compromised and continued operations pose a risk to the
environment. Remedial action shall be undertaken
immediately prior to recommencing high volume horizontal
hydraulic fracturing operations or horizontal drilling
with fracturing operations. The permittee shall notify the
Department within 1 hour of suspending operations for any
matters relating to the mechanical integrity of the well or
risk to the environment.
(c) Fluid and waste management.
(1) For the purposes of storage at the well site and
except as provided in paragraph (2) of this subsection,
hydraulic fracturing or fracturing additives, hydraulic
fracturing or fracturing fluid, hydraulic fracturing or
fracturing flowback, and produced water shall be stored in
above-ground tanks during all phases of drilling, high
volume horizontal hydraulic fracturing or horizontal
drilling with fracturing operations, and production
operations until removed for proper disposal. For the
purposes of centralized storage off site for potential
reuse prior to disposal, hydraulic fracturing or

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fracturing additives, hydraulic fracturing or fracturing
fluid, hydraulic fracturing or fracturing flowback, and
produced water shall be stored in above-ground tanks.
(2) In accordance with the plan required by paragraph
(11) of subsection (b) of Section 1-35 of this Act and as
approved by the Department, the use of a reserve pit is
allowed for the temporary storage of hydraulic fracturing
or fracturing flowback. The reserve pit shall be used only
in the event of a lack of capacity for tank storage due to
higher than expected volume or rate of hydraulic fracturing
or fracturing flowback, or other unanticipated flowback
occurrence. Any reserve pit must comply with the following
construction standards and liner specifications:
(A) the synthetic liner material shall have a
minimum thickness of 24 mils with high puncture and
tear strength and be impervious and resistant to
deterioration;
(B) the pit lining system shall be designed to have
a capacity at least equivalent to 110% of the maximum
volume of hydraulic fracturing or fracturing flowback
anticipated to be recovered;
(C) the lined pit shall be constructed, installed,
and maintained in accordance with the manufacturers'
specifications and good engineering practices to
prevent overflow during any use;
(D) the liner shall have sufficient elongation to

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cover the bottom and interior sides of the pit with the
edges secured with at least a 12 inch deep anchor
trench around the pit perimeter to prevent any slippage
or destruction of the liner materials; and
(E) the foundation for the liner shall be free of
rock and constructed with soil having a minimum
thickness of 12 inches after compaction covering the
entire bottom and interior sides of the pit.
(3) Fresh water may be stored in tanks or pits at the
election of the operator.
(4) Tanks required under this subsection must be
above-ground tanks that are closed, watertight, and will
resist corrosion. The permittee shall routinely inspect
the tanks for corrosion.
(5) Hydraulic fracturing or fracturing fluids and
hydraulic fracturing flowback must be removed from the well
site within 60 days after completion of high volume
horizontal fracturing operations or horizontal drilling
with fracturing operations, except that any excess
hydraulic fracturing or fracturing flowback captured for
temporary storage in a reserve pit as provided in paragraph
(2) of this subsection must be removed from the well site
within 7 days.
(6) Tanks, piping, and conveyances, including valves,
must be constructed of suitable materials, be of sufficient
pressure rating, be able to resist corrosion, and be

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maintained in a leak-free condition. Fluid transfer
operations from tanks to tanker trucks must be supervised
at the truck and at the tank if the tank is not visible to
the truck operator from the truck. During transfer
operations, all interconnecting piping must be supervised
if not visible to transfer personnel at the truck and tank.
(7) Hydraulic fracturing or fracturing flowback must
be tested for volatile organic chemicals, semi-volatile
organic chemicals, inorganic chemicals, heavy metals, and
naturally occurring radioactive material prior to removal
from the site. Testing shall occur once per well site and
the analytical results shall be filed with the Department
and the Agency, and provided to the liquid oilfield waste
transportation and disposal operators. Prior to plugging
and site restoration, the ground adjacent to the storage
tanks and any hydraulic fracturing flowback reserve pit
must be measured for radioactivity.
(8) Hydraulic fracturing or fracturing flowback may
only be disposed of by injection into a Class II injection
well that is below interface between fresh water and
naturally occurring Class IV groundwater. Produced water
may be disposed of by injection in a permitted enhanced oil
recovery operation. Hydraulic fracturing or fracturing
flowback and produced water may be treated and recycled for
use in hydraulic fracturing or fracturing fluid for high
volume horizontal hydraulic fracturing operations or

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horizontal drilling with fracturing operations.
(9) Discharge of hydraulic fracturing or fracturing
fluids, hydraulic fracturing flowback, and produced water
into any surface water or water drainage way is prohibited.
(10) Transport of all hydraulic fracturing or
fracturing fluids, hydraulic fracturing or fracturing
flowback, and produced water by vehicle for disposal must
be undertaken by a liquid oilfield waste hauler permitted
by the Department under Section 8c of the Illinois Oil and
Gas Act. The liquid oilfield waste hauler transporting
hydraulic fracturing or fracturing fluids, hydraulic
fracturing or fracturing flowback, or produced water under
this Act shall comply with all laws, rules, and regulations
concerning liquid oilfield waste.
(11) Drill cuttings, drilling fluids, and drilling
wastes not containing oil-based mud or polymer-based mud
may be stored in tanks or pits. Pits used to store
cuttings, fluids, and drilling wastes from wells not using
fresh water mud shall be subject to the construction
standards identified in paragraph (2) of this subsection
(c) Section. Drill cuttings not contaminated with
oil-based mud or polymer-based mud may be disposed of
onsite subject to the approval of the Department. Drill
cuttings contaminated with oil-based mud or polymer-based
mud shall not be disposed of onsite on site. Annular
disposal of drill cuttings or fluid is prohibited.

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(12) Any release of hydraulic fracturing or fracturing
fluid, hydraulic fracturing or fracturing additive, or
hydraulic fracturing or fracturing flowback, used or
generated during or after high volume horizontal hydraulic
fracturing operations and horizontal drilling with
fracturing operations shall be immediately cleaned up and
remediated pursuant to Department requirements. Any
release of hydraulic fracturing or fracturing fluid or
hydraulic fracturing or fracturing flowback in excess of 1
barrel, shall be reported to the Department. Any release of
a hydraulic fracturing or fracturing additive shall be
reported to the Department in accordance with the
appropriate reportable quantity thresholds established
under the federal Emergency Planning and Community
Right-to-Know Act as published in the Code of Federal
Regulations (CFR), 40 CFR Parts 355, 370, and 372, the
federal Comprehensive Environmental Response,
Compensation, and Liability Act as published in 40 CFR Part
302, and subsection (r) of Section 112 of the federal
Federal Clean Air Act as published in 40 CFR Part 68. Any
release of produced water in excess of 5 barrels shall be
cleaned up, remediated, and reported pursuant to
Department requirements.
(13) Secondary containment for tanks required under
this subsection and additive staging areas is required.
Secondary containment measures may include, as deemed

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appropriate by the Department, one or a combination of the
following: dikes, liners, pads, impoundments, curbs,
sumps, or other structures or equipment capable of
containing the substance. Any secondary containment must
be sufficient to contain 110% of the total capacity of the
single largest container or tank within a common
containment area. No more than one hour before initiating
any stage of the high volume horizontal hydraulic
fracturing operations or horizontal drilling with
fracturing operations, all secondary containment must be
visually inspected to ensure all structures and equipment
are in place and in proper working order. The results of
this inspection must be recorded and documented by the
operator, and available to the Department upon request.
(14) A report on the transportation and disposal of the
hydraulic fracturing or fracturing fluids and hydraulic
fracturing or fracturing flowback shall be prepared and
included in the well file. The report must include the
amount of fluids transported, identification of the
company that transported the fluids, the destination of the
fluids, and the method of disposal.
(15) Operators operating wells permitted under this
Act must submit an annual report to the Department
detailing the management of any produced water associated
with the permitted well. The report shall be due to the
Department no later than April 30th of each year and shall

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provide information on the operator's management of any
produced water for the prior calendar year. The report
shall contain information relative to the amount of
produced water the well permitted under this Act produced,
the method by which the produced water was disposed, and
the destination where the produced water was disposed in
addition to any other information the Department
determines is necessary by rule.
(d) Hydraulic fracturing or fracturing fluid shall be
confined to the targeted formation designated in the permit. If
the hydraulic fracturing or fracturing fluid or hydraulic
fracturing or fracturing flowback are migrating into the
freshwater zone or to the surface from the well in question or
from other wells, the permittee shall immediately notify the
Department and shut in the well until remedial action that
prevents the fluid migration is completed. The permittee shall
obtain the approval of the Department prior to resuming
operations.
(e) Emissions controls.
(1) This subsection applies to all horizontal wells
that are completed with high volume horizontal hydraulic
fracturing or horizontal drilling with fracturing
operations.
(2) Except as otherwise provided in paragraph (8) of
this subsection (e), permittees shall be responsible for
managing gas and hydrocarbon fluids produced during the

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flowback period by routing recovered hydrocarbon fluids to
one or more storage vessels or re-injecting into the well
or another well, and routing recovered natural gas into a
flow line or collection system, re-injecting the gas into
the well or another well, using the gas as an on-site fuel
source, or using the gas for another useful purpose that a
purchased fuel or raw material would serve, with no direct
release to the atmosphere.
(3) If it is technically infeasible or economically
unreasonable to minimize emissions associated with the
venting of hydrocarbon fluids and natural gas during the
flowback period using the methods specified in paragraph
(2) of this subsection (e), the permittee shall capture and
direct the emissions to a completion combustion device,
except in conditions that may result in a fire hazard or
explosion, or where high heat emissions from a completion
combustion device may negatively impact waterways.
Completion combustion devices must be equipped with a
reliable continuous ignition source over the duration of
the flowback period.
(4) Except as otherwise provided in paragraph (8) of
this subsection (e), permittees shall be responsible for
minimizing the emissions associated with venting of
hydrocarbon fluids and natural gas during the production
phase by:
(A) routing the recovered fluids into storage

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vessels and (i) routing the recovered gas into a gas
gathering line, collection system, or to a generator
for onsite energy generation, providing that gas to the
surface owner of the well site for use for heat or
energy generation, or (ii) using another method other
than venting or flaring; and
(B) employing sand traps, surge vessels,
separators, and tanks as soon as practicable during
cleanout operations to safely maximize resource
recovery and minimize releases to the environment.
(5) If the permittee establishes that it is technically
infeasible or economically unreasonable to minimize
emissions associated with the venting of hydrocarbon
fluids and natural gas during production using the methods
specified in paragraph (4) of this subsection (e), the
Department shall require the permittee to capture and
direct any natural gas produced during the production phase
to a flare. Any flare used pursuant to this paragraph shall
be equipped with a reliable continuous ignition source over
the duration of production. In order to establish technical
infeasibility or economic unreasonableness under this
paragraph (5), the permittee must demonstrate, for each
well site on an annual basis, that taking the actions
listed in paragraph (4) of this subsection (e) are not cost
effective based on a site-specific analysis. Permittees
that use a flare during the production phase for operations

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other than emergency conditions shall file an updated
site-specific analysis annually with the Department. The
analysis shall be due one year from the date of the
previous submission and shall detail whether any changes
have occurred that alter the technical infeasibility or
economic unreasonableness of the permittee to reduce their
emissions in accordance with paragraph (4) of this
subsection (e).
(6) Uncontrolled emissions exceeding 6 tons per year
from storage tanks shall be recovered and routed to a flare
that is designed in accordance with 40 CFR 60.18 and is
certified by the manufacturer of the device. The permittee
shall maintain and operate the flare in accordance with
manufacturer specifications. Any flare used under this
paragraph must be equipped with a reliable continuous
ignition source over the duration of production.
(7) The Department may approve an exemption that waives
the flaring requirements of paragraphs (5) and (6) of this
subsection (e) only if the permittee demonstrates that the
use of the flare will pose a significant risk of injury or
property damage and that alternative methods of collection
will not threaten harm to the environment. In determining
whether to approve a waiver, the Department shall consider
the quantity of casinghead gas produced, the topographical
and climatological features at the well site, and the
proximity of agricultural structures, crops, inhabited

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structures, public buildings, and public roads and
railways.
(8) For each wildcat well, delineation well, or low
pressure well, permittees shall be responsible for
minimizing the emissions associated with venting of
hydrocarbon fluids and natural gas during the flowback
period and production phase by capturing and directing the
emissions to a completion combustion device during the
flowback period and to a flare during the production phase,
except in conditions that may result in a fire hazard or
explosion, or where high heat emissions from a completion
combustion device or flare may negatively impact
waterways. Completion combustion devices and flares shall
be equipped with a reliable continuous ignition source over
the duration of the flowback period and the production
phase, as applicable.
(9) On or after July 1, 2015, all flares used under
paragraphs (5) and (8) of this subsection (e) shall (i)
operate with a combustion efficiency of at least 98% and in
accordance with 40 CFR 60.18; and (ii) be certified by the
manufacturer of the device. The permittee shall maintain
and operate the flare in accordance with manufacturer
specifications.
(10) Permittees shall employ practices for control of
fugitive dust related to their operations. These practices
shall include, but are not limited to, the use of speed

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restrictions, regular road maintenance, and restriction of
construction activity during high-wind days. Additional
management practices such as road surfacing, wind breaks
and barriers, or automation of wells to reduce truck
traffic may also be required by the Department if
technologically feasible and economically reasonable to
minimize fugitive dust emissions.
(11) Permittees shall record and report to the
Department on an annual basis the amount of gas flared or
vented from each high volume horizontal hydraulic
fracturing or horizontal drilling with fracturing
operations well. Three years after the effective date of
the first high volume high-volume horizontal hydraulic
fracturing or horizontal drilling with fracturing
operations well permit issued by the Department, and every
3 years thereafter, the Department shall prepare a report
that analyzes the amount of gas that has been flared or
vented and make recommendations to the General Assembly on
whether steps should be taken to reduce the amount of gas
that is being flared or vented in this State.
(f) High volume horizontal hydraulic fracturing operations
or horizontal drilling with fracturing operations completion
report. Within 60 calendar days after the conclusion of high
volume horizontal hydraulic fracturing operations or
horizontal drilling with fracturing operations, the operator
shall file a high volume horizontal hydraulic fracturing

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operations or horizontal drilling with fracturing operations
completion report with the Department. A copy of each
completion report submitted to the Department shall be provided
by the Department to the Illinois State Geological Survey. The
completion reports required by this Section shall be considered
public information and shall be made available on the
Department's website. The high volume horizontal hydraulic
fracturing operations or horizontal drilling with fracturing
operations completion report shall contain the following
information:
(1) the permittee name as listed in the permit
application;
(2) the dates of the high volume horizontal hydraulic
fracturing operations and horizontal drilling with
fracturing operations;
(3) the county where the well is located;
(4) the well name and Department reference number;
(5) the total water volume used in the high volume
horizontal hydraulic fracturing operations and horizontal
drilling with fracturing operations of the well, and the
type and total volume of the base fluid used if something
other than water;
(6) each source from which the water used in the high
volume horizontal hydraulic fracturing operations and
horizontal drilling with fracturing operations was drawn,
and the specific location of each source, including, but

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not limited to, the name of the county and latitude and
longitude coordinates;
(7) the quantity of hydraulic fracturing or fracturing
flowback recovered from the well;
(8) a description of how hydraulic fracturing or
fracturing flowback recovered from the well was disposed
and, if applicable, reused;
(9) a chemical disclosure report identifying each
chemical and proppant used in hydraulic fracturing or
fracturing fluid for each stage of the hydraulic fracturing
or fracturing operations including the following:
(A) the total volume of water used in the hydraulic
fracturing or fracturing treatment of the well or the
type and total volume of the base fluid used in the
hydraulic fracturing or fracturing treatment, if
something other than water;
(B) each hydraulic fracturing or fracturing
additive used in the hydraulic fracturing or
fracturing fluid, including the trade name, vendor, a
brief descriptor of the intended use or function of
each hydraulic fracturing or fracturing additive, and
the Material Safety Data Sheet (MSDS), if available
applicable;
(C) each chemical intentionally added to the base
fluid, including for each chemical, the Chemical
Abstracts Service number, if available applicable; and

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(D) the actual concentration in the base fluid, in
percent by mass, of each chemical intentionally added
to the base fluid;
(10) all pressures recorded during the high volume
horizontal hydraulic fracturing operations; and
(11) any other reasonable or pertinent information
related to the conduct of the high volume horizontal
hydraulic fracturing operations the Department may request
or require by administrative rule.
(Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
(225 ILCS 732/1-77)
Sec. 1-77. Chemical disclosure; trade secret protection.
(a) The If the chemical disclosure information required by
paragraph (8) of subsection (b) of Section 1-35 of this Act
shall be is not submitted at the time of permit application,
then the permittee, applicant, or person who will perform high
volume horizontal hydraulic fracturing operations at the well
shall submit this information to the Department in electronic
format no less than 21 calendar days prior to performing the
high volume horizontal hydraulic fracturing operations. The
permittee shall not cause or allow any stimulation of the well
if it is not in compliance with this Section. Nothing in this
Section shall prohibit the person performing high volume
horizontal hydraulic fracturing operations and horizontal
drilling with fracturing operations from adjusting or altering

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the contents of the fluid during the treatment process to
respond to unexpected conditions, as long as the permittee or
the person performing the high volume horizontal hydraulic
fracturing operations or horizontal drilling with fracturing
operations notifies the Department by electronic mail within 24
hours of the departure from the initial treatment design and
includes a brief explanation of the reason for the departure.
The Department shall add the updated contents of the fluid used
in any and all well treatments to the public chemical disclose
lists and to the medical and emergency use chemical disclosure
lists for the respective wells no later than 24 hours from the
time of receiving the updated information. The Department shall
use a system of electronic notification for the medical and
emergency use chemical disclosure lists for easy access,
usability, and updating of information, so that the medical and
emergency use chemical disclosure lists are as current as
possible.
(b) No permittee shall use the services of another person
to perform high volume horizontal hydraulic fracturing
operations or horizontal drilling with fracturing operations
unless the person is in compliance with this Section.
(c) Any person performing high volume horizontal hydraulic
fracturing operations or horizontal drilling with fracturing
operations within this State shall:
(1) be authorized to do business in this State; and
(2) maintain and disclose to the Department separate

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and up-to-date master lists of:
(A) the base fluid to be used during any high
volume horizontal hydraulic fracturing operations or
horizontal drilling with fracturing operations within
this State;
(B) all hydraulic fracturing or fracturing
additives to be used during any high volume horizontal
hydraulic fracturing operations or horizontal drilling
with fracturing operations within this State; and
(C) all chemicals and associated Chemical Abstract
Service numbers to be used in any high volume
horizontal hydraulic fracturing operations or
horizontal drilling with fracturing operations within
this State.
(d) Persons performing high volume horizontal hydraulic
fracturing operations or horizontal drilling with fracturing
operations are prohibited from using any base fluid, hydraulic
fracturing or fracturing additive, or chemical not listed on
their master lists disclosed under paragraph (2) of subsection
(c) of this Section.
(e) The Department shall assemble and post up-to-date
copies of the master lists it receives under paragraph (2) of
subsection (c) of this Section on its website and in the
electronic form sent to the Illinois Department of Public
Health and the Illinois Poison Control Center for the medical
and emergency use chemical disclosure lists in accordance with

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Section 1-110 of this Act.
(f) Where an applicant, permittee, or the person performing
high volume horizontal hydraulic fracturing operations or
horizontal drilling with fracturing operations furnishes
chemical disclosure information to the Department under this
Section, Section 1-35, or Section 1-75 of this Act under a
claim of trade secret, the applicant, permittee, or person
performing high volume horizontal hydraulic fracturing
operations or horizontal drilling with fracturing operations
shall submit redacted and un-redacted copies of the documents
containing the information to the Department and the Department
shall use the redacted copies when posting materials on its
public website and shall use the un-redacted copies of the
documents to send the chemical disclosure lists for medical and
emergency use to the Illinois Department of Public Health and
the Illinois Poison Control Center, along with information
identifying the well site location, a brief summary of the
dates of treatments and stages of the fracturing operations,
the operator's name, address, contact information and
emergency contact information, and any notifications required
by the Occupational Safety and Health Administration or alerts
that have been shared with the Department.
(g) Upon submission or within 5 calendar days of submission
of chemical disclosure information to the Department under this
Section, Section 1-35, or Section 1-75 of this Act under a
claim of trade secret for public chemical disclosure lists

SB3330 - 33 - LRB098 19590 MGM 54782 b
only, the claim of trade secret for the chemical disclosure
lists for medical and emergency use is unlawful after the
effective date of this amendatory Act of the 98th General
Assembly.. The , the person that claimed trade secret
protection, for public chemical disclosure only, shall provide
a justification of the claim containing the following: a
detailed description of the procedures used by the person to
safeguard the information from becoming available to persons
other than those selected by the person to have access to the
information for limited purposes; a detailed statement
identifying the persons or class of persons to whom the
information has been disclosed; a certification that the person
has no knowledge that the information has ever been published
or disseminated or has otherwise become a matter of general
public knowledge; a detailed discussion of why the person
believes the information to be of competitive value; and any
other information that shall support the claim.
(h) The public chemical Chemical disclosure information
furnished under this Section, Section 1-35, or Section 1-75 of
this Act under a claim of trade secret shall be protected from
disclosure as a trade secret to the public only if the
Department determines that the statement of justification
demonstrates that:
(1) the information has not been published,
disseminated, or otherwise become a matter of general
public knowledge; and

SB3330 - 34 - LRB098 19590 MGM 54782 b
(2) the information has competitive value.
There is a rebuttable presumption that the information has
not been published, disseminated, or otherwise become a matter
of general public knowledge if the person has taken reasonable
measures to prevent the information from becoming available to
persons other than those selected by the person to have access
to the information for limited purposes and the statement of
justification contains a certification that the person has no
knowledge that the information has ever been published,
disseminated, or otherwise become a matter of general public
knowledge.
Trade secrets for the full chemical disclosure to the
medical and emergency health care community is unlawful under
this Act.
(i) Denial of a trade secret request for the public
chemical disclosure lists only, trade secrets are unlawful for
the chemical disclosure lists for medical and emergency health
care use, under this Section shall be appealable under the
Administrative Review Law.
(j) A person, that is a non-medical or non-emergency
responder, whose request to inspect or copy a public record is
denied, in whole or in part, because of a grant of trade secret
protection may file a request for review with the Public Access
Counselor under Section 9.5 of the Freedom of Information Act
or for injunctive or declaratory relief under Section 11 of the
Freedom of Information Act for the purpose of reviewing whether

SB3330 - 35 - LRB098 19590 MGM 54782 b
the Department properly determined that the trade secret
protection should be granted. No request from a medical or
emergency responder for a copy of the un-redacted medical and
emergency chemical disclosure lists shall be denied.
(k) Except as otherwise provided in subsections (l) and (m)
of this Section, the Department must maintain the
confidentiality of public chemical disclosure information
except for the medical and emergency chemical disclosure lists
which shall be sent to the Illinois Department of Public Health
and the Illinois Poison Control Center and shall be openly
shared with all healthcare providers without confidentiality
agreements, non-disclosure agreements, stipulations,
limitations or liability for the allowance of access to the
medical and emergency chemical disclosure lists, for any health
related issue or study, for the purpose of patient health care
and or medical research, as is customary in the medical
community, furnished under this Section, Section 1-35, or
Section 1-75 of this Act under a claim of trade secret, until
the Department receives official notification of a final order
by a reviewing body with proper jurisdiction that is not
subject to further appeal rejecting a grant of trade secret
protection for that information.
(l) The Department shall adopt rules for the provision of
information under this Section furnished under a claim of trade
secret to the Illinois Department of Public Health and the
Illinois Poison Control Center, both of which may develop their

SB3330 - 36 - LRB098 19590 MGM 54782 b
own reporting systems to all health care providers as is
customary for their agency and organization. Any a health
professional who states a need for the information and
articulates why the information is needed. The health
professional may share that information with other persons as
may be professionally necessary, including, but not limited to,
the affected patient, other health professionals involved in
the treatment of the affected patient, the affected patient's
family members if the affected patient is unconscious, unable
to make medical decisions, or is a minor, the Centers for
Disease Control, and other government public health agencies.
Except as otherwise provided in this Section, any recipient of
the information shall not use the information for purposes
other than the health needs asserted in the request and shall
otherwise maintain the information as confidential.
Information so disclosed to a health professional shall in no
way be construed as publicly available. The holder of the trade
secret may request a confidentiality agreement consistent with
the requirements of this Section from all health professionals
to whom the information is disclosed as soon as circumstances
permit. The rules adopted by the Department shall also
establish procedures for providing the information in both
emergency and non-emergency situations.
(m) In the event of a release of hydraulic fracturing or
fracturing fluid, a hydraulic fracturing or fracturing
additive, or hydraulic fracturing or fracturing flowback, and

SB3330 - 37 - LRB098 19590 MGM 54782 b
when necessary to protect public health or the environment, the
Department or the Illinois Department of Public Health, or the
Illinois Poison Control Center may disclose the un-redacted
chemical disclosure for medical and emergency use information
furnished under a claim of trade secret to the relevant county
public health director or emergency manager, the relevant fire
department chief, the Director of the Illinois Department of
Public Health, the Director of the Illinois Department of
Agriculture, and the Director of the Illinois Environmental
Protection Agency upon request by that individual. The Director
of the Illinois Department of Public Health, and the Director
of the Illinois Environmental Protection Agency, and the
Director of the Illinois Department of Agriculture may disclose
this information to staff members under the same terms and
conditions as apply to the Director of Natural Resources.
Except as otherwise provided in this Section, any recipient of
the information shall not use the information for purposes
other than to protect public health or the environment or
medical and public health research as is customary in the
medical community at this time and shall otherwise maintain the
information as confidential. Information disclosed to staff
shall in no way be construed as publicly available but may be
used by the staff of the Illinois Department of Public Health
and the staff at the Illinois Poison Control Center in a
similar manner to all other medical cases of chemical or toxic
exposure as is customary in the medical community. The holder

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of the trade secret information may not request a
confidentiality agreement for any medical or emergency
chemical disclosure use consistent with the requirements of
this Section from all persons to whom the information is
disclosed as soon as circumstances permit.
(Source: P.A. 98-22, eff. 6-17-13.)
(225 ILCS 732/1-110)
Sec. 1-110. Public information; website.
(a) All information submitted to the Department under this
Act is deemed public information, except information deemed to
constitute a trade secret under Section 1-77 of this Act for
public chemical disclosure lists and private information and
personal information as defined in the Freedom of Information
Act.
(b) To provide the public and concerned citizens with a
centralized repository of information, the Department shall
create and maintain a comprehensive website dedicated to
providing information concerning high volume horizontal
hydraulic fracturing operations or horizontal drilling with
fracturing operations. The website shall contain, assemble,
and link the documents and information required by this Act to
be posted on the Department's or other agencies' websites. The
Department shall also create and maintain an online searchable
database that provides information related to high volume
horizontal hydraulic fracturing operations or horizontal

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drilling with fracturing operations on wells that, at a
minimum, include, for each well it permits, the identity of its
operators, its waste disposal, its public chemical disclosure
information, and any complaints or violations under this Act.
The website created under this Section shall allow users to
search for completion reports by well name and location, dates
of fracturing and drilling operations, operator, and by
chemical additives.
(Source: P.A. 98-22, eff. 6-17-13.)