Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart A - GENERAL PROVISIONS › Section 245.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of this
Part,
unless the context otherwise requires
:
"Act" means the Hydraulic Fracturing Regulatory Act [225 ILCS
				  732 ].
"Agency" means the Illinois Environmental Protection
				  Agency.
(Section 1-5 of the Act)
"ANSI" means the American National Standards
				  Institute.
"API" means the American Petroleum Institute.
"Applicant" means any person registered with the Department
				  pursuant to Section
				  245.200
				  of this Part that has filed an application in accordance with this Part.
"Application" means a filing by an applicant to the
				  Department seeking a high volume horizontal hydraulic fracturing permit
				  pursuant to Section
				  245.210
				  or a modification pursuant to Section
				  245.330 of
				  this Part.
"Aquatic life" means all fish, reptiles, amphibians,
				  crayfish, and mussels.
(Section 1-5 of the Act)
"Aquifer" means saturated (with groundwater) soils
				  and geologic materials that are sufficiently permeable to readily yield
				  economically useful quantities (at least 70 gallons per minute) of fresh water
				  to wells, springs, or streams under ordinary hydraulic gradients. "Aquifer" is
				  limited to aquifers identified as major sand and gravel aquifers in the
				  Illinois State Water Survey's Illinois Community Water Supply Wells map (Map
				  Series 2006-01).
(Section 1-5 of the Act)
"Base fluid" means the continuous phase fluid type,
				  including, but not limited to, water
or nitrogen or other gas
used in a high volume horizontal hydraulic fracturing
				  operation.
(Section 1-5 of the Act) "Base fluid" shall also include
				  both hydrocarbon and non-hydrocarbon fluids in gas and/or liquid form used in
				  high volume horizontal hydraulic fracturing operations. Calculation and
				  reporting of volumes for all base fluid shall be for the normal volume that the
				  base fluid would occupy at 20°C and one atmosphere (National Institute of
				  Standards and Technology Standard Temperature and Pressure, or "STP"). If part
				  or all of the base fluid will contain any component that at STP would exist in
				  a gaseous state, regardless of whether the component is transported or injected
				  or combined in any other form or at any other temperature or pressure, or
				  whether, when mixed with other substances the component forms a foam or gel or
				  other dispersion, the volume of that component shall be calculated and reported
				  as the uncompressed volume at STP for all purposes under this Part.
"BTEX" means benzene, toluene, ethylbenzene, and
				  xylene.
(Section 1-5 of the Act)
"By-product materials" has the same meaning as in the
				  Illinois Radiation Protection Act of 1990 [420 ILCS 40 ].
"Certified local health department" means a local
				  governmental agency that has been certified by the Illinois Department of
				  Public Health to meet the requirements set forth in Subparts C and D of this
				  Part and 77 Ill. Adm. Code
				  600.210.
"Chemical" means any element, chemical compound, or
				  mixture of elements or compounds that has its own specific name or identity,
				  such as a Chemical Abstracts Service number, regardless of whether the chemical
				  is subject to the requirements of
				  29 CFR
				  1910.1200(g)(2).
(Section 1-5 of the Act)
"Chemical Abstracts Service" means the division of
				  the American Chemical Society that is the globally recognized authority for
				  information on chemical substances.
(Section 1-5 of the Act)
"Chemical Abstracts Service number" or "CAS number"
				  means the unique identification number assigned to a chemical by the Chemical
				  Abstracts Service.
(Section 1-5 of the Act)
"Class II UIC well" shall have the same meaning as in 62 Ill.
				  Adm. Code 240.
"Completion combustion device" means any ignition
				  device, installed horizontally or vertically, used in exploration and
				  production operations to combust otherwise vented emissions.
(Section
				  1-5 of the Act)
"Delineation well" means a well drilled in order to
				  determine the boundary of a field or producing reservoir.
(Section 1-5
				  of the Act)
"Department"
or "IDNR"
means the
				  Illinois Department of Natural Resources.
(Section 1-5 of the
				  Act)
"Diesel" means a substance having any one of the
				  following Chemical Abstracts Service numbers: 68334-30-5; 68476-34-6;
				  68476-30-2; 68476-31-3; 8008-20-6; or 68410-00-4. "Diesel" includes any
				  additional substances regulated by the United States Environmental Protection
				  Agency as diesel fuel used in hydraulic fracturing activities under the federal
				  Safe Drinking Water Act
(
				  42 USC
				  300 f et seq.)
.
(Section 1-5
				  of the Act)
"Director" means the Director of
the
				  Illinois Department of
Natural Resources
or his or her
				  designee. (Section 1-5 of the Act)
"Enhanced oil recovery operation" means any secondary
				  or tertiary recovery method used in an effort to recover hydrocarbons from a
				  pool by injection of fluids, gases or other substances to maintain, restore, or
				  augment natural reservoir energy, or by introducing gases, chemicals, other
				  substances, or heat, or by in-situ combustion, or by any combination
				  thereof.
(Section 1-5 of the Act)
"Flare" means a thermal oxidation system using an
				  open, enclosed, or semi-enclosed flame. "Flare" does not include completion
				  combustion devices as defined in this Section.
(Section 1-5 of the
				  Act)
"Flowback period" means the
period of time
				  when hydraulic fracturing fluid flows back to the surface from a well
following a
stimulation
treatment, either in
				  preparation for a subsequent phase of
stimulation
treatment or
				  in preparation for cleanup and
placing
the well
into
production . "Flowback period" begins when the hydraulic fracturing
				  fluid returns to the surface following
a stimulation treatment.
"Flowback period" ends with either
the
well shut in,
				  or when the well is producing continuously to the flow line or to a storage
				  vessel for collection, whichever occurs first.
(Section 1-5 of the
				  Act)
"Fresh water" means surface and subsurface water in
				  its natural state that is suitable for drinking water for human consumption,
				  domestic livestock, irrigation, industrial, municipal and recreational
				  purposes, that is capable of supporting aquatic life, and contains less than
				  10,000 ppm total dissolved solids.
(Section 1-5 of the Act)
"Gas" means all natural gas, including casinghead
				  gas, and all other natural hydrocarbons not defined as oil.
(Section
				  1-5 of the Act)
"GPS" means Global Positioning System.
"Groundwater" means any water below the land surface
				  that is within the saturated zone or geologic materials where the fluid
				  pressure in the pore space is equal to or greater than atmospheric
				  pressure.
(Section 1-5 of the Act)
"Hazardous material" has the same meaning as ascribed in
				  Section 3 of the Illinois Hazardous Material Transportation Act [430 ILCS 30
				  ].
"Health care services" means any services included in
				  the furnishing to any individual of medical care, or the hospitalization
				  incident to the furnishing of such care, as well as the furnishing to any
				  person of any and all other services for the purpose of preventing,
				  alleviating, curing or healing human illness or injury, including home health
				  and pharmaceutical services and products.
[215 ILCS
				  134/10 ]
"Health professional" means a physician,
physician assistant, nurse practitioner
, registered professional
				  nurse,
emergency medical technician
, or other individual
				  appropriately licensed or registered to provide health care services.
(Section 1-5 of the Act)
"Hearing Officer" means the presiding officer at the public
				  hearing and other hearings referenced in this Part. The term also includes
				  administrative law judge.
"High volume horizontal hydraulic fracturing
				  operations"
or "HVHHF operations"
means all stages of a
				  stimulation treatment of a horizontal well by the pressurized application of
				  more than 80,000 gallons
in any single
stage or more than
				  300,000 gallons
in
total of hydraulic fracturing fluid to
				  initiate or propagate fractures in a geologic formation to enhance extraction
				  or production of oil or gas.
(Section 1-5 of the Act)
"High volume horizontal hydraulic fracturing permit"
				  means the permit issued by the Department allowing high volume horizontal
				  hydraulic fracturing operations to occur at a well site.
(Section 1-5
				  of the Act)
"High volume horizontal hydraulic fracturing
				  treatment" shall have the same definition as "High volume horizontal hydraulic
				  fracturing operations".
"Horizontal well" means a well with a wellbore
				  drilled laterally at an angle of at least 80 degrees to the vertical and with a
				  horizontal projection exceeding 100 feet measured from the initial point of
				  penetration into the
potential
productive formation through
				  the terminus of the lateral in the same common source of hydrocarbon
				  supply.
(Section 1-5 of the Act)
"Hydraulic fracturing" means the pressurized application of
				  hydraulic fracturing fluid to initiate or propagate fractures in a geologic
				  formation to enhance extraction or production of oil or gas.
"Hydraulic fracturing additive" means any chemical
				  substance or combination of chemicals, including, but not limited to, any
				  chemical or proppant that is added to a base fluid for the purposes of
				  preparing a hydraulic fracturing fluid for a high volume horizontal hydraulic
				  fracturing operation.
(Section 1-5 of the Act)
"Hydraulic fracturing flowback"
or
				  "Flowback"
means all hydraulic fracturing fluid and other
				  fluids
or materials
that return to the surface after a stage
				  of hydraulic fracturing has been completed and prior to the well being placed
				  in production.
(Section 1-5 of the Act)
"Hydraulic fracturing fluid" means the mixture of the
				  base fluid and all the hydraulic fracturing additives, used to perform
				  hydraulic fracturing.
(Section 1-5 of the Act)
"Hydraulic fracturing string" means any pipe or
				  casing string used for the transport of hydraulic fracturing fluids during high
				  volume horizontal hydraulic fracturing operations.
(Section 1-5 of the
				  Act)
"IEMA" means the Illinois Emergency Management Agency.
"Inspector" means a well inspector from the Department's
				  Office of Oil and Gas Resource Management.
"Intake" means a pipe or other means to withdraw raw
				  water from a water source.
(Section 1-5 of the Act)
"Landowner" means the legal title holder or owner of
				  real property and includes an owner of an undivided interest, a life tenant, a
				  remainderman, a public or private corporation, a trustee under an active trust,
				  and the holder of the beneficial interest under a land trust. "Landowner" does
				  not include a mortgagee, a trustee under a trust deed in the nature of a
				  mortgage, a lien holder, or a lessee.
(Section 1-5 of the Act)
"Low-level radioactive waste" or "LLRW" shall have the same
				  meaning as ascribed in Section 3 of the Illinois Low-Level Radioactive Waste
				  Management Act [420 ILCS 20/3
				  ].
"Low pressure well" means a well with reservoir
				  pressure and vertical well depth such that 0.445 times the reservoir pressure
				  (in psia) minus 0.038 times the vertical well depth (in feet) minus 67.578 psia
				  is less than the flow line pressure at the sales meter.
(Section 1-5
				  of the Act)
"Material Safety Data Sheet" or "MSDS" means a document
				  provided by chemical or industrial manufacturers that contains information on
				  chemicals. An MSDS includes: nature of the chemical, precautions to take in
				  using the chemical, conditions of safe use, clean-up procedure for a release,
				  and recommended disposal procedures.
"Medium volume hydraulic fracturing operations" means a
				  stimulation treatment of a horizontal well by the pressurized application of
				  more than 80,000 gallons but less than 300,001 gallons in total of hydraulic
				  fracturing fluid to initiate or propagate fractures in a geologic formation to
				  enhance extraction or production of oil or gas.
"Naturally Occurring Radioactive Materials" or "NORM" means
				  materials that may contain any of the primordial radionuclides or radioactive
				  elements as they occur in nature, such as radium, uranium, thorium or
				  potassium, and their radioactive decay products such as radium and radon that
				  are undisturbed as a result of human activities. (See USEPA/Office of Radiation
				  and Air, Radiation Protection Division - Technical Report on TENORM from
				  Uranium Mining, vol. 1 and 2 (2006)).
"Nature preserve" shall have the same meaning as
				  provided in Section 3.11 of the Illinois Natural Areas Preservation
				  Act
[525 ILCS 30/3.11
				  ]. (Section 1-5 of the Act)
"Oil" means natural crude oil or petroleum and other
				  hydrocarbons, regardless of
specific
gravity, which are
				  produced at the well in liquid form by ordinary production methods or by the
				  use of an oil and gas separator and which are not the result of condensation of
				  gas after it leaves the underground reservoir.
(Section 1-5 of the
				  Act)
"Operator" means the individual or entity controlling
				  the right to drill or produce a horizontal well in accordance with the
				  requirements of the Illinois Oil and Gas Act.
(Section 1-5 of the
				  Act)
"Ordinary high water mark" means the boundary of a water
				  source delineated by the highest water level that has been maintained for a
				  sufficient period of time to leave evidence upon the landscape. For:
rivers, the ordinary high water mark is the elevation of the
				  top of the bank of the channel; and
natural or artificial lakes, ponds or reservoirs, the
				  ordinary high water mark is the operating elevation of the normal operating
				  pool.
"OSHA" means the Occupational Safety and Health
				  Administration, an agency of the federal Department of Labor.
"Owner"
when used with reference to oil
				  and/or gas rights,
shall have the same meaning as provided in Section 1
				  of the Illinois Oil and Gas Act
, but when used with a modifying
				  prepositional clause or, in the context of ownership of anything other than oil
				  and gas drilling rights, shall have its plain and ordinary meaning. (Section
				  1-5 of the Act)
"Perennial stream" means a stream that has continuous
				  flow in its stream bed during all of the calendar year.
(Section 1-5
				  of the Act)
"Permit" means a high volume horizontal hydraulic
				  fracturing permit
issued under the Act and this Part
.
(Section 1-5 of the Act)
"Permittee" means a person holding a high volume
				  horizontal hydraulic fracturing permit under
the
Act
and this Part. (Section 1-5 of the Act)
"Person" means any individual, partnership,
				  co-partnership, firm, company, limited liability company, corporation,
				  association, joint stock company, trust, estate, political subdivision, State
				  agency, or any other legal entity or
its
legal representative,
				  agent, or assigns.
(Section 1-5 of the Act)
"Pollution or diminution" means:
in groundwater, any of the following:
detection of benzene or any other carcinogen in any
				  Class I, Class II, or Class III groundwater;
detection of any constituent in 35 Ill. Adm. Code
				  620.310(a)(3)(A)(i)
				   equal to or above the listed preventive
				  response criteria in any Class I, Class II, or Class III
				  groundwater;
detection of any constituent in 35 Ill. Adm. Code
				  620.410(a),
				  (b), (c), (d), (e),
or (f)
equal to or above the listed standard in any Class I, Class II, or
				  Class III groundwater;
detection of any constituent in Class III groundwater
				  equal to or above a standard established under 35 Ill. Adm. Code
				  620.260;
				  or
detection of any constituent in Class I, Class II, or
				  Class III groundwater equal to or above a cleanup objective listed in 35 Ill.
				  Adm. Code 742.
in surface water, exceeding any applicable numeric or
				  narrative standard in 35 Ill. Adm. Code 302 or 304.
(Section 1-5 of
				  the Act)
"Produced water" means water, regardless of chloride
				  and total dissolved solids content, that is produced
from a well
in conjunction with oil or natural gas production or natural gas
				  storage operations, but does not include hydraulic fracturing
				  flowback.
(Section 1-5 of the Act)
"Proppant" means sand or any natural or man-made
				  material that is used during high volume horizontal hydraulic fracturing
				  operations to prop open the artificially created or enhanced
				  fractures.
(Section 1-5 of the Act)
"Public water supply" means all mains, pipes, and
				  structures through which water is obtained and distributed to the public,
				  including wells and well structures, intakes and cribs, pumping stations,
				  treatment plants, reservoirs, and storage tanks and appurtenances, collectively
				  or severally, actually used or intended for use for the purpose of furnishing
				  water for drinking or general domestic use, and which serves at least 15
				  service connections or which regularly serves at least 25 persons at least 60
				  days per year.
(Section 1-5 of the Act)
"Radiation" has the same meaning as ascribed in Section 4(f)
				  of the Illinois Radiation Protection Act of 1990 [420
				  ILCS 40/4(f) ].
"Radioactive material" has the same meaning as ascribed in
				  Section 4(i) of the Illinois Radiation Protection Act of 1990 [420
				  ILCS 40/4(i) ].
"Real property" means the surface, subsurface or mineral
				  rights of land.
"Real property interest" means ownership in the surface,
				  subsurface or mineral rights of land.
"Real property surface interest" means ownership in only the
				  surface rights of land.
"Recycled water" means water in hydraulic fracturing flow
				  back from a hydraulic fracturing operation or produced water that is physically
				  or chemically treated for use as the base fluid or a component of hydraulic
				  fracturing fluid.
"Register of Land and Water Reserves" means the list
				  of areas registered in accordance with Section 16 of the Illinois Natural Areas
				  Preservation Act
and 17 Ill. Adm. Code 4010.
(Section
				  1-5 of the Act)
"Registrant" means any person that registers with the
				  Department to apply for high volume horizontal hydraulic fracturing permits
				  pursuant to Section
				  245.200
				  of this Part.
"Release" means any spilling, leaking, pumping,
				  pouring, emitting, emptying, discharging, injecting, escaping, leaching,
				  dumping, or disposing into the environment
. (Section 1-5 of the
				  Act)
"Serious violation" means any violation set forth in
				  62 Ill. Adm. Code
				  240.140(c).
(Section 1-5 of the Act)
"Service connection" means the opening, including all
				  fittings and appurtenances, at the water main through which water is supplied
				  to the user.
(Section 1-5 of the Act)
"Stimulation treatment" has the same meaning given to
				  "hydraulic fracturing" in this Section.
"Surface water" means all water that is open to the
				  atmosphere and subject to surface runoff.
(Section 1-5 of the
				  Act)
"Technically enhanced naturally occurring radioactive
				  materials" or "TENORM" means naturally occurring radioactive materials that
				  have been concentrated or exposed to the accessible environment as a result of
				  human activities such as manufacturing, mineral extraction or water processing.
				  (See USEPA/Office of Radiation and Air, Radiation Protection Division - 2006,
				  Technical Report on TENORM from Uranium Mining, vol. 1 and 2.)
"Total water volume" means the total quantity of
				  water from all sources used in the high volume horizontal hydraulic fracturing
				  operations, including surface water, groundwater, produced water, or recycled
				  water.
(Section 1-5 of the Act)
"True vertical depth" means the vertical distance
				  from a depth in a planned or existing wellbore or well to a point at the
				  surface.
(Section 1-5 of the Act)
"Water pollution" means any alteration of the
				  physical, thermal, chemical, biological, or radioactive properties of any
				  waters of the State, or the discharge of any contaminant into any water of the
				  State, as will or is likely to create a nuisance or render the waters harmful,
				  detrimental, or injurious to public health, safety, or welfare, or to domestic,
				  commercial, industrial, agricultural, recreational, or other legitimate uses,
				  or to livestock, wild animals, birds, or fish or other aquatic life.
(Section 1-5 of the Act)
"Water source" means:
any existing water well or developed spring used for
				  human or domestic animal consumption; or
any river, perennial stream, aquifer, natural or
				  artificial lake, pond, wetland listed on the Register of Land and Water
				  Reserves, or reservoir.
(Section 1-5 of the Act)
"Well" means
the entire length of
any drill hole
, including all horizontal well bores,
required to be permitted under the Illinois Oil and Gas Act.
(Section 1-5 of the Act)
"Well site" means surface areas, including
				  the
surface location of the
well, occupied by all equipment or
				  facilities necessary for, or incidental to, high volume horizontal hydraulic
				  fracturing operations,
construction,
drilling, production, or
				  plugging a well.
(Section 1-5 of the Act)
"Wholly contained" or "Wholly within" means a pond or lake,
				  regardless of its hydrological source or connection, where the boundary of the
				  pond or lake is completely contained within a landowner's property.
"Wildcat well" means a well outside known fields or
				  the first well drilled in an oil or gas field where no other oil and gas
				  production exists.
(Section 1-5 of the Act)
"Wildlife" means any bird or mammal that
is
by nature wild by way of distinction from those that are naturally tame
				  and are ordinarily living unconfined in a state of nature without the care of
				  man.
(Section 1-5 of the Act)