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