reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart G - CHEMICAL DISCLOSURE; TRADE SECRETS › Section 245.730 - Trade Secret Disclosure to Health Professional

Current through Register Vol. 48, No. 28, July 12, 2024
a) Information
furnished under a
				claim of trade secret
will be provided by the Department to a health
				professional who:
1)
states a need
				for the information and articulate why the information is
				needed
;
2) states whether
				the affected patient requires
emergency or non-emergency
(Section 1-77(l) of the Act) health care services; and
3) identifies the name and profession of the
				health professional and the name and location of the facility where the
				affected patient is being treated.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart H - HIGH VOLUME HORIZONTAL HYDRAULIC FRACTURING PREPARATIONS AND OPERATIONS › Section 245.800 - General Conditions and Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
During all phases of high volume
				horizontal hydraulic fracturing operations, the permittee shall comply with all
				terms of the permit
, the Act and this Part (Section 1-75(a)(1) of the
				Act).
b)
All phases of high
				volume horizontal hydraulic fracturing operations shall be conducted in a
				manner that shall not pose a significant risk to public health, life, property,
				aquatic life, wildlife
or the environment (Section 1-75(a)(2) of the
				Act).
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart H - HIGH VOLUME HORIZONTAL HYDRAULIC FRACTURING PREPARATIONS AND OPERATIONS › Section 245.805 - Hydraulic Fracturing String Requirements and Pressure Testing

Current through Register Vol. 48, No. 28, July 12, 2024
Hydraulic fracturing strings, if used in
any
				  wells regulated by this Part, shall be set or reset pursuant to the
				  requirements of this Section.
a)
				Hydraulic fracturing strings
must be either strung into a production
				liner or run with a packer set at least 100 feet below the deepest cement
				top.
b)
A
				function-tested relief valve and diversion line must be installed and used to
				divert flow from the hydraulic fracturing string-casing annulus to a covered
				watertight steel tank in case of hydraulic fracturing string failure.
1)
The relief valve must be set to
				limit the annular pressure to no more than 95% of the working pressure rating
				of the
weakest
casings forming the annulus.
2)
The annulus between the hydraulic
				fracturing string and
the production or immediate
casing must
				be pressurized to at least 250 psi and monitored.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart H - HIGH VOLUME HORIZONTAL HYDRAULIC FRACTURING PREPARATIONS AND OPERATIONS › Section 245.810 - Surface Equipment Pressure Testing

Current through Register Vol. 48, No. 28, July 12, 2024
For all wells regulated by this Part, the final configuration
				  of surface equipment associated with the HVHHF treatment, including
the
				  injection lines and manifold, associated valves, fracture head or tree and any
				  other wellhead components or connections, must be
pressure
tested
pursuant to the requirements of this Section
before
any
pumping of hydraulic fracturing
				  fluid.
a) The permittee shall
				notify the Department's District Office by phone and electronic mail at least
				24 hours before conducting a pressure test of the final configuration of the
				surface equipment used for the HVHHF treatment to enable an inspector to be
				present when the test is performed.
b) The final configuration of the surface
				equipment used for the HVHHF treatment
must be
pressure
tested with fresh water or brine to at least the maximum anticipated
				treatment pressure for at least 30 minutes with less than a 5% pressure
				loss.
c)
A record
				of the pressure test must be
made on a form prescribed by the
				Department,
maintained by the
permittee in the well file, and
				made
available
at the well site
to the Department upon
				request.
(Section 1-75(b)(2) of the Act)
d) If the configuration of surface equipment
				used for the HVHHF treatment has been reconfigured or changed in any manner
				that breaks any pressure connection after a stage of HVHHF operations
				treatment, the pressure test requirements of subsections (a) through (c) must
				be successfully repeated before initiating any subsequent stage of HVHHF
				operations.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart H - HIGH VOLUME HORIZONTAL HYDRAULIC FRACTURING PREPARATIONS AND OPERATIONS › Section 245.815 - Notice and Approval Before Commencement of High Volume Horizontal Hydraulic Fracturing Operations

Current through Register Vol. 48, No. 28, July 12, 2024
Before commencement of HVHHF operations, the permittee must
				  notify and receive written approval from the Department by U.S. mail or
				  electronic mail. Department approval for HVHHF operations shall be based on the
				  permittee's compliance with the following:
a)
The permittee shall notify the
				Department's
District Office
by phone
and
electronic
mail
or letter at least 48 hours
before
the commencement of high volume horizontal hydraulic fracturing
				operations
to enable an inspector to be present (Section 1-75(a)(3) of
				the Act). The notification under this subsection shall be notice for all stages
				of a multiple-stage HVHHF treatment.
b)
Prior to conducting high volume
				horizontal hydraulic fracturing operations at a well site, the permittee shall
				cause to be plugged all previously
abandoned
unplugged
or insufficiently plugged
well bores within
				750 feet of any part of the horizontal well bore that penetrated within 400
				vertical feet of the
geologic
formation that will be
				stimulated as part of the high volume horizontal hydraulic fracturing
				operations
(Section 1-95(b) of the Act). In determining whether a well
				has been sufficiently plugged, the Department will consider, but is not limited
				to, well completion reports, cementing records, well construction records,
				cement bond logs, tracer surveys, oxygen activation logs and plugging records.
				Plugging under this subsection shall be performed as required by Section
				245.1010.
c) Baseline water quality sampling of all
				water sources within 1,500 feet of the well site must be completed pursuant to
				Section
				245.600(b).
d) All tests required by the following
				Sections shall be conducted:
1) Section
				245.540:
				well casing internal mechanical integrity tests (see Sections 1-75(b)(1) and
				1-70(d)(16) of the Act);
2) Section
				245.580:
				formation integrity tests (see Sections 1-75(b)(1) and 1-70(d)(18) of the
				Act);
3) Section
				245.805:
				hydraulic fracturing string pressure tests, if required (see Sections
				1-75(b)(1) and 1-70(d)(17) of the Act);
4) Section
				245.810:
				surface equipment pressure tests (see Section 1-75(b)(2) of the Act);
				and
5) All information previously
				requested by the Department shall be supplied to the Department, and any
				information that was accurate at the time of submission but no longer accurate
				shall be updated.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart H - HIGH VOLUME HORIZONTAL HYDRAULIC FRACTURING PREPARATIONS AND OPERATIONS › Section 245.820 - Secondary Containment Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
No more than one hour before initiating any stage of
				  the high volume horizontal hydraulic fracturing operations, all secondary
				  containment
required pursuant to Section
				  245.825(b)
must be visually inspected
by the permittee or the contractor
				  performing the HVHHF operations on behalf of the permittee
to
				  ensure
that
all structures and equipment are in place and in
				  proper working order. The results of this inspection must be recorded and
				  documented by the
permittee or the contractor performing the HVHHF
				  operations on behalf of the permittee on a form prescribed by the Department,
				  maintained in the well file,
and
made
available
at the well site
to the Department upon
				  request
. (Section 1-75(c)(13) of the Act)
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart H - HIGH VOLUME HORIZONTAL HYDRAULIC FRACTURING PREPARATIONS AND OPERATIONS › Section 245.825 - General Fluid Storage

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with the approved hydraulic fracturing fluid
				  and flowback plan required by Section
				  245.210(a)(11)
				   and the approved containment plan required
				  by Section
				  245.210(a)(13),
				  and
except as provided in
Section
				  245.830,
hydraulic fracturing additives, hydraulic fracturing fluid, hydraulic
				  fracturing flowback, and produced water shall be stored in above-ground
				  tanks
pursuant to the requirements of this Section at all times
until removed for proper disposal
or recycling (Section
				  1-75(c)(1) and (c)(2) of the Act).
a)
Above-ground tanks
must be:
1)
closed, watertight,
vented in compliance with Section
				245.910,
and corrosion
-resistant (Section 1-75(c)(4) of the
				Act);
2)
constructed of
				materials compatible with the composition of the hydraulic fracturing fluid,
				hydraulic fracturing flowback, and produced water
(Section 1-70(b)(3)
				of the Act). For purposes of this Section, for the materials of a containing
				mechanism or device to be "compatible" means that the materials are resistant
				to corrosion, erosion, swelling, deterioration or other damage as a result of
				normal exposure to whatever substances it is intended to contain, as well as
				exposure to weather and natural hazards;
3)
of sufficient pressure
				rating
(Section 1-75(c)(6) of the Act);
4)
maintained in a leak-free
				condition
(Section 1-75(c)(6) of the Act); and
5)
routinely inspected for
				corrosion
, at least semiannually (Section 1-75(c)(4) of the Act).
				Permittees shall maintain records of these periodic inspections.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart H - HIGH VOLUME HORIZONTAL HYDRAULIC FRACTURING PREPARATIONS AND OPERATIONS › Section 245.830 - Reserve Pits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
In
				accordance with the
hydraulic fracturing fluids and flowback
plan required by Section
245.210(a)(11)
				 and the containment plan required pursuant
				to Section
				245.210(a)(13),
and as approved by the Department, the use of a reserve pit is allowed
				for the temporary storage of hydraulic 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 flowback, or other
				unanticipated flowback occurrence.
(Section 1-75(c)(2) of the
				Act)
b) All
reserve pits
				must comply with the following construction standards and liner
				specifications
(Section 1-75(c)(2) of the Act):
1)
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
(Section 1-75(c)(2)(A) of
				the Act);
2)
the pit lining
				system shall be designed to have a capacity at least equivalent to 110% of the
				maximum volume of hydraulic fracturing flowback anticipated to be
				recovered
(Section 1-75(c)(2)(B) of the Act);
3)
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
(Section 1-75(c)(2)(C) of the Act);
4)
the liner shall have sufficient
				elongation to 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
(Section
				1-75(c)(2)(D) of the Act);
5)
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
(Section (c)(2)(E) of the
				Act); and
6) if located in the
				regulatory floodway, the reserve pit shall be considered a construction subject
				to 17 Ill. Adm. Code
				3706.240
				and
				3706.630
				and, in addition to the requirements of subsections (b)(1) through (b)(5),
				shall be constructed to the standards set forth in 17 Ill. Adm. Code
				3706.530(b) or
				(c), or a successor rule, as applicable. No
				reserve pits may be located in the regulatory floodway or the flood fringe (17
				Ill. Adm. Code
				3706.420
				and
				3706.520(b)
				), unless the applicant first secures the necessary permits and completes any
				mitigation measures required by any permitting agency.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart H - HIGH VOLUME HORIZONTAL HYDRAULIC FRACTURING PREPARATIONS AND OPERATIONS › Section 245.835 - Mechanical Integrity Monitoring

Current through Register Vol. 48, No. 28, July 12, 2024
a)
During high volume horizontal hydraulic fracturing operations,
				all
sealed
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
permittee in the well file
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.
(Section 1-75(b)(4) of the Act)
b)
During high volume horizontal
				hydraulic fracturing operations:
1)
The
pressure test values established for the internal
				mechanical integrities of the cemented casings pursuant to Section
				245.540
				and of the hydraulic fracturing string pursuant to Section
				245.805
				shall not be exceeded. If any of these
pressures decline more than 5%
				or if there are other indications of a leak,
including but not limited
				to an increase in pressure in the annulus, exceeding the minimum internal yield
				in the casing string, or a visible leak at the surface,
corrective
				action shall be taken before conducting further high volume horizontal
				hydraulic fracturing operations.
(Section 1-70(d)(16) of the
				Act)
2)
The pressure
				exerted on treating equipment, including valves
(includes hydraulic
				fracturing string relief valve; see Section
				245.805(b)
				of this Part and Section 1-70(d)(17) of the Act)
, lines, manifolds,
				hydraulic fracturing head or tree, casing and hydraulic fracturing string, if
				used, and
any other wellhead component or connection,
must not
				exceed 95% of the working pressure rating of the weakest component
(Section 1-75(b)(2) and (b)(3) of the Act).
3) The relief valve installed pursuant to
				Section
				245.560(o)
				should be set so that the pressure exerted on the casing does not exceed the
				mechanical integrity test pressure of the casing established pursuant to
				Section
				245.240.
4)
The actual hydraulic fracturing
				treatment pressure
during HVHHF operations
must not
,
				at any time,
exceed the
mechanical integrity
test
				pressures
of the casings established pursuant to Section
				245.540
				(Section 1-70(d)(18) of the Act).
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart H - HIGH VOLUME HORIZONTAL HYDRAULIC FRACTURING PREPARATIONS AND OPERATIONS › Section 245.840 - Hydraulic Fracturing Fluid and Flowback Confinement

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Hydraulic fracturing fluid shall
				be confined to the targeted formation designated in the
				permit.
b)
If the
				hydraulic fracturing fluid or hydraulic fracturing flowback migrate into a
				fresh water zone or to the surface from the well in question or from other
				wells, the permittee shall immediately notify the Department
and the
				county and certified local public health department (if any)
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.
(Section 1-75(d) of the Act)
c) Permittee shall be responsible for damages
				caused by the migration of hydraulic fracturing fluid or hydraulic fracturing
				flowback outside the targeted formation.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart H - HIGH VOLUME HORIZONTAL HYDRAULIC FRACTURING PREPARATIONS AND OPERATIONS › Section 245.845 - Management of Gas and Produced Hydrocarbons During Flowback

Current through Register Vol. 48, No. 28, July 12, 2024
For wells regulated by this Part,
permittees shall be
				  responsible for managing
natural
gas and hydrocarbon fluids
				  produced during the flowback period
to ensure no direct release to the
				  atmosphere or environment as follows:
a) Except for wells covered by subsection
				(f),
recovered hydrocarbon fluids
shall be:
1) Routed
to one or more storage
				vessels
; or
2)
Injected into
a permitted Class II UIC
well
as described in Section
				245.300(c)(7);
				or
3) Used for another lawful and
				useful purpose that a purchased fuel or raw material would serve, with no
				direct release to the environment.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart H - HIGH VOLUME HORIZONTAL HYDRAULIC FRACTURING PREPARATIONS AND OPERATIONS › Section 245.850 - Hydraulic Fracturing Fluid and Hydraulic Fracturing Flowback Storage, Disposal or Recycling, Transportation and Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The permittee shall notify the Department of the date when
				  HVHHF operations are completed and shall dispose of or recycle hydraulic
				  fracturing fluids and hydraulic fracturing flowback pursuant to the
				  requirements of this Section.
a)
				Completion of HVHHF operations occurs when the flowback period begins after the
				last stage of HVHHF operations. The permittee shall notify the Department's
				District Office by phone and electronic mail within 24 hours after HVHHF
				operations are completed.
b)
Hydraulic fracturing fluids and hydraulic fracturing flowback must be
				removed from the well site within 60 days after completion of high volume
				horizontal fracturing operations, except
as provided in subsection (c)
				(Section 1-75(c)(5) of the Act).
c)
Any excess hydraulic fracturing flowback captured for temporary storage
				in a reserve pit as provided in
Section
				245.825
must be
either
removed from the well site
or
				transferred to storage in above-ground tanks for later disposal or recycling
within 7 days
after the fluid is first deposited into the
				reserve pit (Section 1-75(c)(5) of the Act). Excess hydraulic fracturing
				flowback cannot be removed from the well site until the hydraulic fracturing
				flowback is tested and the analytical results are provided pursuant to
				subsection (d).
d) Testing of
				hydraulic fracturing flowback shall be completed as follows:
1)
Hydraulic fracturing flowback must
				be tested for
the presence of
volatile organic chemicals,
				semi-volatile organic chemicals, inorganic chemicals, heavy metals, and
				naturally occurring radioactive material
before
removal from
				the
well
site
, including specifically:
A) pH;
B) total dissolved solids, dissolved methane,
				dissolved propane, dissolved ethane, alkalinity and specific
				conductance;
C) chloride, sulfate,
				arsenic, barium, calcium, chromium, iron, magnesium, selenium, cadmium, lead,
				manganese, mercury and silver;
D)
				BTEX; and
E) gross alpha and beta
				particles to determine the presence of any naturally occurring radioactive
				materials.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart H - HIGH VOLUME HORIZONTAL HYDRAULIC FRACTURING PREPARATIONS AND OPERATIONS › Section 245.855 - Spills and Remediation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Any release of hydraulic fracturing fluid, hydraulic fracturing
				additive, hydraulic fracturing flowback,
or produced water,
used or generated during or after high volume horizontal hydraulic
				fracturing operation, shall be immediately cleaned up and remediated pursuant
				to requirements
of the Illinois Oil and Gas Act and the administrative
				rules promulgated under the Act.
b)
Any release of hydraulic fracturing fluid or hydraulic fracturing
				flowback in excess of one barrel, shall be reported to the
				Department.
c)
Any
				release of produced water in excess of 5 barrels shall be cleaned up,
				remediated, and reported pursuant to requirements
of the Illinois Oil
				and Gas Act and the administrative rules promulgated under that Act.
d)
Any release of a hydraulic
				fracturing additive shall be reported to
IEMA
in accordance
				with the appropriate reportable quantity thresholds established under the
				federal Emergency Planning and Community Right-to-Know Act as
				published
at
40 CFR 355, 370, and 372, the federal
				Comprehensive Environmental Response, Compensation, and Liability Act as
				published in 40 CFR 302, and Section 112 (r) of the Federal Clean Air Act as
				published
at
40 CFR 68.
(Section 1-75(c)(12) of the
				Act)
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart H - HIGH VOLUME HORIZONTAL HYDRAULIC FRACTURING PREPARATIONS AND OPERATIONS › Section 245.870 - Use of Diesel in High Volume Horizontal Hydraulic Fracturing Operations is Prohibited

Current through Register Vol. 48, No. 28, July 12, 2024
It is unlawful to perform any high volume horizontal
				  hydraulic fracturing operations by knowingly or recklessly injecting
				  diesel
(Section 1-25(d) of the Act).
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart I - HIGH VOLUME HORIZONTAL HYDRAULIC FRACTURING PRODUCTION › Section 245.900 - Managing Natural Gas and Hydrocarbon Fluids During Production

Current through Register Vol. 48, No. 28, July 12, 2024
For wells regulated by this Part,
permittees shall be
				  responsible for minimizing the emissions associated with venting of hydrocarbon
				  fluids and natural gas during the production phase
to safely maximize
				  resource recovery and minimize releases to the environment (Section 1-75(e)(4)
				  of the Act).
a) Except for wells
				covered by subsection (i),
sand traps, surge vessels, separators, and
				tanks
must be employed
as soon as practicable during cleanout
				operations to safely maximize resource recovery and minimize releases to the
				environment.
(Section 1-75(e)(4)(B) of the Act)
b) Except for wells covered by subsection
				(i),
recovered
hydrocarbon
fluids
must be
				routed
into storage vessels
. (Section 1-75(e)(4)(A) of the
				Act)
c) Except for wells covered by
				subsection (i), recovered natural gas must be:
1) routed
into a gas gathering
				line
or
collection system, or to a generator for onsite energy
				generation;
2) provided
to the surface
landowner
of the well site for use for
				heat or energy generation; or
3) used for a lawful and useful purpose other
				than venting or flaring. (Section 1-75(e)(4)(A))
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart I - HIGH VOLUME HORIZONTAL HYDRAULIC FRACTURING PRODUCTION › Section 245.910 - Uncontrolled Emissions from Storage Tanks Containing Natural Gas and Hydrocarbon Fluids

Current through Register Vol. 48, No. 28, July 12, 2024
a) In addition
				to the requirements of Section
				245.900,
uncontrolled emissions
exceeding 6 tons per year from
				storage tanks
containing natural gas or hydrocarbon fluids
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.
Permittees shall calculate whether uncontrolled emissions
				from storage tanks exceed 6 tons per year by using a generally accepted model
				or calculation methodology based on the maximum average daily throughput
				determined for a 30 day period of production prior to the applicable emission
				determination deadline, pursuant to
				40 CFR
				60.5365(e).
b)
The permittee shall maintain and
				operate the flare in accordance with the manufacturer's
				specifications.
c)
Any flare used under this
Section
must be equipped
				with
an auto-igniter and
a reliable continuous ignition source
				over the duration of production
pursuant to the requirements of
				Section
				245.900(h).
				(Section 1-75(e)(6) of the Act) The manufacturer's specifications for all
				flares must be provided to the Department before operation of the flare begins,
				and the Department shall post the specifications to its website.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart I - HIGH VOLUME HORIZONTAL HYDRAULIC FRACTURING PRODUCTION › Section 245.920 - Flaring Waiver

Current through Register Vol. 48, No. 28, July 12, 2024
For wells regulated by this Part:
a)
The Department
, in
				consultation with the Agency as the Department deems appropriate,
may
				approve an exemption
request made in writing
that waives the
				flaring requirements of
Sections
				245.900
				and
				245.910
only if the permittee demonstrates
to the Department's
				satisfaction
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
public health, public safety, property, wildlife,
				aquatic life or
the environment
(Section 1-75(e)(7) of the
				Act).
b)
In determining
				whether to approve a waiver, the Department
, in consultation with the
				Agency as the Department deems appropriate,
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
				structures, public buildings, and public roads and railways
(Section
				1-75(e)(7) of the Act).
c) The
				Department, in consultation with the Agency as the Department deems
				appropriate, shall provide the permittee with a written decision.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart I - HIGH VOLUME HORIZONTAL HYDRAULIC FRACTURING PRODUCTION › Section 245.930 - Annual Flaring Reports

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Sections
				  245.900
				  and
				  245.910,
permittees shall record
the amount of gas flared or
				  vented from each high volume horizontal hydraulic fracturing well
or
				  storage tank on at least a weekly basis (Section 1-75(e)(11) of the Act). Every
				  12 months from the date of permit issuance under this Part, permittees shall
				  report the total amount of gas flared or vented from each well during the
				  previous 12 months, by week, to the Department. The Department will post the
				  reports on the Department's website.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart I - HIGH VOLUME HORIZONTAL HYDRAULIC FRACTURING PRODUCTION › Section 245.940 - Produced Water Disposal or Recycling, Transportation and Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The permittee shall dispose of or recycle produced water in
				  accordance with the requirements of this Section:
a) Surface
discharge of produced
				water
onto the ground or
into any surface water or water
				drainage way is prohibited
(Sections 1-75(c)(9) and 1-25(c) of the
				Act).
b) Except for recycling
				allowed under subsection (d), produced water
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
(Sections
				1-75(c)(8) and 1-25(c) of the Act). Unless used for enhanced oil recovery, the
				Class II injection well must be equipped with an electronic flowmeter and
				approved by the Department.
c)
				Produced water
transfer operations from tanks to tanker trucks
for transportation offsite
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.
(Section
				1-75(c)(6) of the Act)
d)
Produced water may be treated and recycled for use in hydraulic
				fracturing fluid for high volume horizontal hydraulic fracturing
				operations
(Section 1-75(c)(8) of the Act).
e)
Transport of produced water by
				vehicle for disposal
or recycling
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
				produced water under this
Part
shall comply with all laws,
				rules, and regulations concerning liquid oilfield waste.
(Section
				1-75(c)(10) of the Act)
f)
				Permittees
must submit an annual
produced water
report
				to the Department detailing the management of any produced water associated
				with the permitted well.
1)
The
produced water
report shall be due to the
				Department no later than April 30 of each year and shall provide information on
				the operator's management of any produced water for the prior calendar
				year
and the anticipated management for the next calendar year;
				and
2)
The
produced water
report shall contain information relative to the amount
				of produced water
from
the well, the method by which the
				produced water was
transported and
disposed
of or
				recycled,
the destination where the produced water was
				disposed
of (Section 1-75(c)(15) of the Act) or recycled.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart J - PLUGGING AND RESTORATION › Section 245.1000 - Plugging and Restoration Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The permittee shall perform and
				complete plugging of the well and restoration of the well site in accordance
				with the Illinois Oil and Gas Act and any and all rules adopted under that
				Act
(62 Ill. Adm. Code 240.Subpart K).
The permittee shall
				bear all costs related to plugging of the well and reclamation of the well
				site.
b)
If the
				permittee fails to plug the well in accordance with this Section, the owner of
				the well shall be responsible for complying with this Section.
(Section 1-95(a) of the Act)
c)
				Special Plugging Requirement
If the permittee stimulates the geologic formation in
				  accordance with the permit using a high volume horizontal hydraulic fracturing
				  process, then once commercial production ceases from the well and it is time to
				  plug the well, in addition to all the other requirements, the permittee shall
				  initiate the plugging process using a circulation method starting at the top of
				  the geologic formation stimulated installing a cement plug at least 100 feet
				  above the top of the geologic formation.
d) Upon completion of the requirements of
				this Subpart J, the Department will release the permit in accordance with
				Section
				245.350.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart J - PLUGGING AND RESTORATION › Section 245.1010 - Plugging Previously Abandoned Unplugged or Insufficiently Plugged Wells

Current through Register Vol. 48, No. 28, July 12, 2024
a) The permittee
				shall plug any abandoned
unplugged
, or insufficiently plugged,
well bores within 750 feet of any part of the horizontal well bore that
				penetrated within 400 vertical feet of the geologic formation that will be
				stimulated as part of the
permittee's proposed
high volume
				horizontal hydraulic fracturing operations
(Section 1-95 of the Act).
				In determining whether a well has been sufficiently plugged, the Department
				will consider, but is not limited to, well completion reports, cementing
				records, well construction records, cement bond logs, tracer surveys, oxygen
				activation logs and plugging records. The permittee shall complete this
				plugging before the permittee conducts any HVHHF operations.
b) This pre-HVHHF operations plugging
				obligation shall be performed in accordance with 62 Ill. Adm. Code
				240.1110.
1) If the permittee does not have authority
				to plug an abandoned well within the Plugging and Restoration Fund Program, the
				Department will give the permittee authority to enter upon the land, plug the
				well, and restore the well site consistent with 62 Ill. Adm. Code
				240.1610(e).
2) If the permittee does not have authority
				to plug an abandoned well that is not within the Plugging and Restoration Fund
				Program, either:
A) the Department will
				initiate abandoned well proceedings pursuant to Section 19.1 of the Illinois
				Oil and Gas Act and 62 Ill. Adm. Code 240.1610, in order to grant the permittee
				authority to plug the abandoned well; or
B) the permittee will work with the landowner
				and the person responsible for the abandoned well to arrange for plugging and
				restoration.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart J - PLUGGING AND RESTORATION › Section 245.1020 - Restoration of Lands Other than the Well Site and Production Facility

Current through Register Vol. 48, No. 28, July 12, 2024
The
permittee
shall restore any
				  lands used by the
permittee
other than the well site and
				  production facility to a condition as closely approximating the pre-drilling
				  conditions that existed before the land was disturbed
by
site
				  preparation activities, drilling,
or
high volume horizontal
				  hydraulic fracturing operations.
a)
Restoration shall be commenced
				within 6 months
after
completion of the well
site
and
shall be
completed within 12
				months.
b)
Restoration shall include, but is not limited to:
1)
repair of tile lines
to a
				condition as closely approximating the conditions that existed before the land
				was disturbed by drilling activities, with reference to the Illinois Drainage
				Guide, Circular 1226, Cooperative Extension Service, College of Agriculture,
				University of Illinois at Urbana-Champaign (1984) - drainage tile
				installations;
2)
repair of
				fences and barriers
;
3)
mitigation of soil compaction and rutting
;
4)
application of fertilizer or lime
				to restore the fertility of disturbed soil
; and
5)
repair of soil conservation
				practices such as terraces and grassed waterways
with reference to
				local County Soil and Water Conservation District specifications for soil
				restoration and conservation methods (Section 1-95(c) of the Act).
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart J - PLUGGING AND RESTORATION › Section 245.1030 - Restoration of the Well Site and Production Facility

Current through Register Vol. 48, No. 28, July 12, 2024
Unless contractually agreed to the contrary by the
				  permittee and surface
landowner,
the permittee shall restore
				  the well site and production facility
to a condition as closely
				  approximating the conditions that existed before the land was disturbed for any
				  stage of site preparation activities, drilling and HVHHF operations.
a) Restoration shall include:
1) all of the requirements set forth in
				Section
				245.1020(b);
2)
removal
of
all
				equipment and materials involved in site preparation, drilling, and high volume
				horizontal hydraulic fracturing operations, including tank batteries, rock and
				concrete pads, oil field debris, injection and flow lines at or above the
				surface, electric power lines and poles extending on or above the surface,
				tanks, fluids, pipes at or above the surface, secondary containment measures,
				rock or concrete bases, drilling equipment and supplies, and any and all other
				equipment, facilities, or materials used during any stage of site preparation
				work, drilling, or
high volume horizontal
hydraulic fracturing
				operations at the well site; and
3) all of the requirements of 62 Ill. Adm.
				Code
				240.1180 and
				240.1181;
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart K - ENFORCEMENT › Section 245.1100 - Suspension, Revocation, Remediation and Administrative Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may, through the enforcement process set forth
				  in this Subpart, suspend or revoke a high volume horizontal hydraulic
				  fracturing permit, order actions to remediate, or issue administrative
				  penalties for one or more of the following causes:
a)
providing misleading, or
				materially untrue information in a permit application process or in any
				document or information provided to the Department
(Section 1-60(a)(1)
				of the Act);
b)
violating
				any condition of the permit
(Section 1-60(a)(2) of the Act);
c)
violating any provision of or any
				regulation adopted under the Act or the Illinois Oil and Gas Act
(Section 1-60(a)(3) of the Act);
d)
using fraudulent, coercive, or dishonest practices, or demonstrating
				incompetence, untrustworthiness, or financial irresponsibility in the conduct
				of business in this State or elsewhere
(Section 1-60(a)(4) of the
				Act);
e)
having a high
				volume horizontal hydraulic fracturing permit, or its equivalent, revoked in
				any other state, province, district, or territory for incurring a material or
				major
violation or using fraudulent or dishonest
				practices
(Section 1-60(a)(5) of the Act);
f) the existence of an emergency condition
under which the conduct of high volume horizontal hydraulic fracturing
				operations would pose a significant hazard to public health, aquatic life,
				wildlife, or the environment
(Section 1-60(a)(6) of the Act)
;
				or
g)
a
				determination of pollution or diminution made pursuant to an investigation
				under Section
245.610
				(Section 1-83(d) of the Act).
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart K - ENFORCEMENT › Section 245.1110 - Notice of Violation

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
				the Department determines to suspend or revoke a permit issued pursuant to this
				Part, orders actions to remediate, or issues administrative penalties under
				this Subpart, a Notice of Violation shall be completed and delivered to the
				Permittee and to the Director or the Director's designee.
b) The Notice of Violation shall contain:
1) The name and permit number for the well at
				issue;
2) The provision of Section
				245.1100
				that applies, a statement specifying the factual nature of the violation, the
				action the Department will be taking and, as applicable, a citation to the
				specific permit condition alleged to have been violated or to the specific
				Section of this Part, the Act, the Illinois Oil and Gas Act or the
				administrative rules promulgated under that Act alleged to have been
				violated;
3) A statement as to
				whether a remedial action is needed to address the violation and, if so,
				identification of the remedial action and the time within which the remedial
				action is required to be completed;
4) A statement as to whether probationary or
				permanent modification or conditions on the permit will be recommended and, if
				so, the substance of the recommended probationary or permanent modification or
				conditions; and
5) Any factors
				known to the person completing the Notice of Violation in aggravation or
				mitigation of the violation and the existence of any factors indicating that
				the permit should be conditioned or modified.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart K - ENFORCEMENT › Section 245.1120 - Director's Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
				receipt of a Notice of Violation, the Director or Director's designee shall
				conduct an investigation and may affirm, vacate or modify the Notice of
				Violation. In determining whether to affirm, vacate or modify the Notice of
				Violation, the Director shall consider:
1)
				whether the facts support the violation set forth in the Notice of
				Violation;
2) the seriousness of
				the violation, including any harm to public health, public safety, aquatic
				life, wildlife or the environment or damage to property;
3) the permittee's history of previous
				violations, including violations at other locations and under other permits.
A) A violation shall not be counted if the
				Notice of Violation or Director's Decision is the subject of pending
				administrative review by the Department under Section
				245.1130,
				or judicial review under the Administrative Review Law and the rules adopted
				under that Law, or if the time to request a review has not expired, and
				thereafter it shall be counted for only 5 years after the date of the
				Department's final administrative decision or a final judicial decision
				affirming the Department's decision.
B) No violation for which the Notice of
				Violation or Director's Decision has been vacated shall be counted;
4) the degree of culpability of
				the permittee;
5) whether the
				remedial action to address the violation set forth in the Notice of Violation
				is completed within the time set forth in the Notice of Violation;
				and
6) the existence of any
				additional conditions or factors in aggravation or mitigation of the violation,
				including information provided by any person or by the permittee.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart K - ENFORCEMENT › Section 245.1130 - Director's Decision Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				A permittee shall have 30 days from the date of receiving the Director's
				Decision to submit a written request for hearing to contest the Director's
				Decision. The written request for hearing shall provide the basis for
				contesting the Director's Decision and be accompanied by any documents
				evidencing the basis for contesting the Director's Decision. A permittee
				seeking to contest any Director's Decision in which a civil penalty has been
				assessed shall submit the assessed amount to the Department, by cashier's check
				or money order, together with a timely written request for hearing. The
				assessed amount shall be deposited by the Department pending the outcome of the
				hearing. The assessed amount, or applicable portion thereof, shall be ordered
				refunded to the permittee at the conclusion of the hearing if the Department
				does not prevail. All requests for hearing shall be delivered to the
				Department's Office of Oil and Gas Resource Management located in Springfield,
				Illinois or mailed to the Department at Illinois Department of Natural
				Resources, Attention: Office of Oil and Gas Resource Management, One Natural
				Resources Way, Springfield IL 62702.
b) Upon receipt of a request for hearing
				submitted in accordance with all requirements of subsection (a), the Department
				shall provide an opportunity for a formal hearing upon not less than 5 days'
				written notice mailed to the permittee or person submitting the hearing
				request. All hearings under this Section shall be conducted in the Department's
				offices located in Springfield, Illinois.
c) The hearing shall be conducted by a
				Hearing Officer designated by the Director. The Hearing Officer shall have all
				powers necessary to conduct the hearing, including, but not limited to,
the power to administer oaths and affirmations, subpoena witnesses and
				compel their attendance, take evidence, and require the production of books,
				papers, correspondence, and other records or information that he or she
				considers relevant or material
(Section 1-60(e) of the Act).
d) The hearing shall be conducted in
				accordance with the following procedures:
1)
				Pre-Hearing Conference
A) A pre-hearing
				conference shall be scheduled within 60 days after the request for hearing:
i) to define the factual and legal issues to
				be litigated at the administrative hearing;
ii) to determine the timing and scope of
				discovery available to the parties;
iii) to set a date for the parties to
				exchange all documents they intend to introduce into evidence during the
				hearing, a list of all witnesses the parties intend to have testify and a
				summary of the testimony of each witness;
iv) to schedule a date for the administrative
				hearing; and
v) to arrive at an
				equitable settlement of the hearing request, if possible.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart K - ENFORCEMENT › Section 245.1140 - Alternative Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				persons, owners and permittees regulated under the Act and this Part are also
				subject to, and required to comply with, the Illinois Oil and Gas Act and 62
				Ill. Adm. Code 240.
b) Any
				violation of this Part may also include violations of the permittee's Oil and
				Gas permit related to the same well, the Illinois Oil and Gas Act, and
				regulations adopted under that Act.
c) All violations related to the same well
				may be brought as one case at the discretion of the Department.
d) Failure to meet the burden of proof
				required for revocation or suspension of a permit under the Act, this Part, the
				Illinois Oil and Gas Act, or the regulations promulgated under that Act, does
				not mean that the Department necessarily failed to prove other violations under
				the Act, this Part, the Illinois Oil and Gas Act, or the regulations
				promulgated under that Act.
e)
				Knowing violations of this Part may be a criminal offense as defined in Section
				1-100 of the Act, which will be, in addition to any administrative action taken
				by the Department, referred to the State's Attorney in the county where the
				violation occurred or the Attorney General's Office.
f) Regulatory enforcement under this Part
				does not preclude the recovery of civil penalties by civil action before a
				circuit court pursuant to Section 1-101 of the Act, which will be in addition
				to any administrative action taken by the Department.