Full Text of SB3280 97th General Assembly
SB3280sam003 97TH GENERAL ASSEMBLY | Sen. Michael W. Frerichs Filed: 3/27/2012
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| 1 | | AMENDMENT TO SENATE BILL 3280
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3280 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Oil and Gas Act is amended by | 5 | | adding Section 6.8 as follows: | 6 | | (225 ILCS 725/6.8 new) | 7 | | Sec. 6.8. Extraction of hydrocarbons from shale using | 8 | | hydraulic fracturing. | 9 | | (a) The Department, by rule, shall: | 10 | | (1) require an operator of a well on which a hydraulic | 11 | | fracturing treatment is performed to: | 12 | | (A) complete the form posted on the hydraulic | 13 | | fracturing chemical registry Internet website of the | 14 | | Ground Water Protection Council and the Interstate Oil | 15 | | and Gas Compact Commission with regard to the well; | 16 | | (B) include in the form completed under |
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| 1 | | subparagraph (A): | 2 | | (i) the total volume of water used in the | 3 | | hydraulic fracturing treatment; and | 4 | | (ii) each chemical ingredient that is subject | 5 | | to the requirements of 29 C.F.R. 1910.1200(g)(2), | 6 | | as provided by a service company, chemical | 7 | | supplier, or by the operator, if the operator | 8 | | provides its own chemical ingredients; | 9 | | (C) post the completed form described by | 10 | | subparagraph (A) on the website described by that | 11 | | subparagraph or, if the website is discontinued or | 12 | | permanently inoperable, post the completed form on | 13 | | another publicly accessible Internet website specified | 14 | | by the Department; | 15 | | (D) submit the completed form described by | 16 | | subparagraph (A) to the Department with the well | 17 | | completion report for the well; and | 18 | | (E) in addition to the completed form specified in | 19 | | subparagraph (D), provide to the Department a list, to | 20 | | be made available on the Internet website of the Ground | 21 | | Water Protection Council and the Interstate Oil and Gas | 22 | | Compact Commission or, if necessary, another publicly | 23 | | accessible website, of all other chemical ingredients | 24 | | not listed on the completed form that were | 25 | | intentionally included and used for the purpose of | 26 | | creating a hydraulic fracturing treatment for the |
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| 1 | | well; the Department, by rule, shall ensure that an | 2 | | operator, service company, or supplier is not | 3 | | responsible for disclosing ingredients that: | 4 | | (i) were not purposely added to the hydraulic | 5 | | fracturing treatment; | 6 | | (ii) occur incidentally or are otherwise | 7 | | unintentionally present in the treatment; or | 8 | | (iii) in the case of the operator, are not | 9 | | disclosed to the operator by a service company or | 10 | | supplier; the rule shall not require that the | 11 | | ingredients be identified based on the additive in | 12 | | which they are found or that the concentration of | 13 | | such ingredients be provided; | 14 | | (2) require a service company that performs a hydraulic | 15 | | fracturing treatment on a well or a supplier of an additive | 16 | | used in a hydraulic fracturing treatment on a well to | 17 | | provide the operator of the well with the information | 18 | | necessary for the operator to comply with paragraph (1); | 19 | | (3) prescribe a process by which an entity required to | 20 | | comply with paragraph (1) or (2) may withhold and declare | 21 | | certain information as a trade secret, including, but not | 22 | | limited to, the identity and amount of the chemical | 23 | | ingredient used in a hydraulic fracturing treatment; | 24 | | (4) require a person who desires to challenge a claim | 25 | | of entitlement to trade secret protection under paragraph | 26 | | (3) to file the challenge not later than the second |
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| 1 | | anniversary of the date the relevant well completion report | 2 | | is filed with the Department; | 3 | | (5) limit the persons who may challenge a claim of | 4 | | entitlement to trade secret protection under paragraph (3) | 5 | | to: | 6 | | (A) the landowner on whose property the relevant | 7 | | well is located; | 8 | | (B) a landowner who owns property adjacent to | 9 | | property described by subparagraph (A); or | 10 | | (C) a department or agency of this State with | 11 | | jurisdiction over a matter to which the claimed trade | 12 | | secret is relevant; | 13 | | (6) require, in the event of a trade secret challenge, | 14 | | that the Department promptly notify the service company | 15 | | performing the hydraulic fracturing treatment on the | 16 | | relevant well, the supplier of the additive or chemical | 17 | | ingredient for which the trade secret claim is made, or any | 18 | | other owner of the trade secret being challenged and | 19 | | provide the owner an opportunity to substantiate its trade | 20 | | secret claim; | 21 | | (7) prescribe a process, consistent with 29 C.F.R. | 22 | | 1910.1200, for an entity described by paragraph (1) or (2) | 23 | | to provide information, including information that is a | 24 | | trade secret as defined by Appendix D to 29 C.F.R. | 25 | | 1910.1200, to a health professional or emergency responder | 26 | | who needs the information in accordance with subsection (i) |
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| 1 | | of that section of 29 C.F.R. 1910.1200; | 2 | | (8) require,
prior to such hydraulic fracturing, the | 3 | | owner or
operator to perform a suitable mechanical | 4 | | integrity
test of the casing or of the casing-tubing | 5 | | annulus or other
mechanical integrity test methods using | 6 | | procedures that are
established by administrative rule; | 7 | | and | 8 | | (9) require, during the well stimulation operation, | 9 | | that the owner or operator monitor and record the annulus | 10 | | pressure using procedures that are
established by | 11 | | administrative rule. | 12 | | (b) The protection and challenge of trade secrets under | 13 | | this Section is governed by subsection (g) of Section 7 of the | 14 | | Freedom of Information Act. | 15 | | (c) The owner or operator shall provide information to
the | 16 | | Department as to the amounts, handling, and, if necessary,
| 17 | | disposal at an identified appropriate disposal facility, or
| 18 | | reuse of the well stimulation fluid load recovered during flow
| 19 | | back, swabbing, or recovery from production facility vessels.
| 20 | | Storage of the well stimulation fluid load shall be protective | 21 | | of an underground
source of drinking water by the use of either
| 22 | | tanks or lined pits. | 23 | | (d) This Section applies only to the extraction of | 24 | | hydrocarbons from shale. | 25 | | (e) The Department shall adopt any other rules necessary to | 26 | | regulate hydraulic fracturing and corollary issues related to |
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| 1 | | hydraulic fracturing. ".
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