Bill Text: MI HB4070 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Natural resources; gas and oil; hydraulic fracturing process; require certain evaluations and reporting. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding sec. 61525c.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-01-23 - Printed Bill Filed 01/23/2013 [HB4070 Detail]

Download: Michigan-2013-HB4070-Introduced.html

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HOUSE BILL No. 4070

 

January 22, 2013, Introduced by Rep. Foster 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 section 61525c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 61525c. (1) Notwithstanding any other provision of this

 

part, before conducting hydraulic fracturing as part of an

 

operation permitted under this part, a permittee shall comply with

 

all of the following:

 

     (a) The permittee shall conduct a water withdrawal evaluation

 

utilizing the water withdrawal assessment tool pursuant to part 327

 

unless the permittee has previously conducted a water withdrawal

 

assessment for the same location with the same assumptions. If the

 

water withdrawal assessment tool determines that the proposed

 

withdrawal is a zone B withdrawal in a cold-transitional river

 

system, or a zone C or zone D withdrawal, the permittee may submit

 

to the department a request for a site-specific review. If the

 

site-specific review, or the water withdrawal assessment tool if a

 

site-specific review is not conducted, indicates that the proposed

 

withdrawal is likely to cause an adverse resource impact, or

 

designates the proposed withdrawal as a zone B withdrawal in a

 

cold-transitional river system or a zone C or a zone D withdrawal,

 

the department shall not permit the withdrawal as proposed.

 

     (b) The permittee shall conduct water sampling and testing of

 

groundwater supplies in the vicinity of the hydraulic fracturing

 

operations as required by the department to establish a baseline of

 

the water quality of those groundwater supplies.

 

     (c) If 1 or more freshwater wells are present within 1,320

 

feet of a proposed large-volume water withdrawal to be used for

 

hydraulic fracturing operations, the permittee shall install a

 

monitor well between the water withdrawal well or wells and the

 

nearest freshwater well. The permittee shall measure and record the

 

water level in the monitor well daily during water withdrawal and

 

weekly thereafter until the water level stabilizes. The permittee

 

shall report the water level data weekly to the department in the

 

manner required by the department.

 

     (d) The permittee shall not allow freshwater pits to cause

 

waste and shall remove the freshwater pits within 60 days after the

 

conclusion of well completion operations. Freshwater pits are

 

subject to soil erosion and sedimentation control measures under

 

part 91 and the department may require fencing around the

 

freshwater pits.

 

     (e) During hydraulic fracturing operations, the permittee

 

shall monitor and record the injection pressure at the surface and

 

the annulus pressure between the injection string and the next

 

string of casing unless the annulus is cemented to surface.

 

     (f) At least 24 hours prior to beginning hydraulic fracturing

 

operations, provide to the department material safety data sheets

 

containing all chemical additives to be used in the hydraulic

 

fracturing operations. If material safety data sheets are updated,

 

the updated material safety data sheets shall be provided to the

 

department prior to beginning hydraulic fracturing operations. The

 

department shall post information in the material safety data

 

sheets on the department's website. However, the department shall

 

not disclose proprietary formulas or trade secret chemicals that

 

are exempt from disclosure under 42 USC 11042. The information that

 

the department shall not disclose under this subdivision is exempt

 

from disclosure under the freedom of information act, 1976 PA 442,

 

MCL 15.231 to 15.246. Notwithstanding the exemption from disclosure

 

under this subdivision, the department or the permittee shall

 

disclose all information related to chemical constituents if a

 

medical emergency exists as provided for under 42 USC 11043 or if

 

an environmental emergency exists, including, but limited to, the

 

presence of contaminants in a groundwater supply above the baseline

 

established in subdivision (b).

 

     (g) Within 60 days after the conclusion of well completion

 

operations for a high-volume hydraulic fracturing well, the

 

permittee shall provide all of the following to the department,

 

which the department shall post on the department's website, except

 

for information exempt from disclosure under subdivision (f):

 

     (i) Material safety data sheets for the chemical additives used

 

and the volume of each chemical additive used.

 

     (ii) Hydraulic fracturing records and associated charts showing

 

hydraulic fracturing volumes, rates, and pressures.

 

     (iii) Annulus pressures recorded during hydraulic fracturing

 

operations.

 

     (iv) The total volume of flowback formation or treatment water,

 

or both, to date at the time of record submittal.

 

     (v) Other information otherwise required under this part,

 

rules, or orders issued under this part.

 

     (2) The department shall work with the department of state

 

police emergency management and homeland security division to

 

ensure that the Michigan emergency management plan adequately

 

addresses hydraulic fracturing operations.

 

     (3) As used in this section:

 

     (a) "Adverse resource impact", "cold-transitional river

 

system", "site-specific review", "water withdrawal assessment

 

tool", "zone B withdrawal", "zone C withdrawal", and "zone D

 

withdrawal" have the same meaning as in part 327.

 

     (b) "High-volume hydraulic fracturing well" means a well that

 

is intended to use a total of more than 100,000 gallons of

 

hydraulic fracturing fluid.

 

     (c) "Hydraulic fracturing" means stimulating a well by pumping

 

fluid, which may contain proppants, into a target formation to

 

create or propagate artificial fractures, or enhance natural

 

fractures, for the purpose of improving the deliverability and

 

production of hydrocarbons.

 

     (d) "Large-volume water withdrawal" means a water withdrawal

 

intended to produce a cumulative total of over 100,000 gallons of

 

water per day when averaged over a consecutive 30-day period.

 

     (e) "Material safety data sheets" means material safety data

 

sheets as described in 42 USC 11021.

 

     (f) "Well completion operations" means work performed in an

 

oil or gas well, or both, after the well has been drilled to its

 

permitted depth and the production string of casing has been set,

 

including perforating, artificial stimulation, and production

 

testing.