Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart B - REGISTRATION AND PERMITTING PROCEDURES › Section 245.210 - Permit Application Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Every applicant for a permit under
				this
Part
must submit the following information to the
				Department on an application form provided by the Department
(Section
				1-35(b) of the Act). The plans required under subsections (a)(3), (a)(4),
				(a)(6), (a)(10), (a)(11), (a)(12), (a)(13), (a)(14), (a)(15) and (a)(20) are,
				pursuant to Section 1-55(a) of the Act, conditions of any permit issued under
				the Act. Pursuant to Section 1-35(b)(20) of the Act, the Department may request
				additional information from the applicant (see the other subsections of this
				subsection (a), requirements labeled as Additional Information within this
				subsection (a), and the information listed in subsection (b)).
1) Applicant Information
The name,
email address, and
address
				  of the applicant
, the name and address of
any parent,
				  subsidiary, or affiliate
(Section 1-35(b)(1) of the Act) of the
				  applicant, and the applicant's HVHHF registration number;
2) Well Location
The proposed well name
, well location,
and legal description
per the Public Land Survey System
of the
well,
well site, and its unit area
(Section 1-35(b)(2) of the Act). The well location shall be surveyed by an
				  Illinois licensed land surveyor or Illinois registered professional engineer
				  and the description of the surveyed well location shall also include the legal
				  description, the GPS latitude and longitude location, and ground elevation of
				  the well. The GPS location shall be recorded as degrees and decimal degrees
				  recorded to 6 decimal places in the North American Datum 1983 projection and
				  shall be accurate to within 3 feet. The reported GPS location is required to be
				  an actual GPS field measurement and not a calculated or conversion
				  measurement;
3) Well Site
				Setback Plan
A statement whether the proposed location of the well
				  site is in compliance with the
setback
requirements of
				  Section
245.400
and a plat
map,
which shows the proposed surface
				  location of the well site, providing the distance in feet from the surface
				  location of the well site to the features described in
				  Section
245.400(a)
				   (Section 1-35(b)(3) of the Act) and a
				  statement explaining how the size of the well site is sufficient to conduct all
				  aspects of HVHHF operations within its boundaries;
4) Directional Drilling Plan
A detailed description
of the directional
				  drilling plan
for the proposed well to be used for the high volume
				  horizontal hydraulic fracturing operations, including, but not limited to, the
				  following information
(Section 1-35(b)(4) of the Act):
A)
the approximate total
true vertical and measured
depth to which the well is to be drilled or
				deepened
(Section 1-35(b)(4)(A) of the Act);
B)
the proposed angle and
				direction
(heading)
of the well
(Section
				1-35(b)(4)(B) of the Act);
C)
the actual depth or the approximate depth at which the well to be
				drilled deviates from vertical
(Section 1-35(b)(4)(C) of the
				Act);
D) the planned depth at which
				the well enters the formation that will be stimulated as part of the HVHHF
				operations;
E)
the angle
				and direction of any nonvertical portion of the well until the well reaches its
				total target depth or its actual final depth
(Section 1-35(b)(4)(D) of
				the Act);
F)
the
planned horizontal deviation
and direction
(heading)
of the proposed horizontal
portion of the
well
(Section 1-35(b)(4)(E) of the Act); and
G) the planned bottom hole location of the
				well;
5) Underground
				Fresh Water Information
The estimated depth and elevation, according to the
				  most recent publication of the Illinois State Geological Survey of Groundwater
				  for the location of the well
or any other relevant information known
				  to the applicant
, of the lowest potential fresh water along the entire
				  length of the proposed well
(Section 1-35(b)(5) of the Act);
6) High Volume Horizontal
				Hydraulic Fracturing Operations Plan
A detailed description of the proposed high volume
				  horizontal hydraulic fracturing operations, including, but not limited to, the
				  following
(Section 1-35(b)(6) of the Act):
A)
the
formations
affected by the high volume horizontal hydraulic fracturing operations,
				including, but not limited to, geologic name and geologic description of
				the
formations
that will be stimulated by the
				operation
(Section 1-35(b)(6)(A) of the Act), and a description of the
				confining zone and the formations constituting or contributing to that zone,
				including, but not limited to, a description of the lithology, extent,
				thickness, permeability, porosity, transmissive faults, fractures, water or
				water source content, and susceptibility to vertical propagation of fractures,
				of the confining formations; if any of the features of the confining zone and
				overburden described in this subsection (a)(6)(A) are unknown, the applicant
				should so state;
B)
the
				anticipated surface treating pressure range
(Section 1-35(b)(6)(B) of
				the Act);
C)
the maximum
				anticipated injection treating pressure
(Section 1-35(b)(6)(C) of the
				Act);
D)
the estimated or
				calculated fracture pressure of the producing and confining zones
(Section 1-35(b)(6)(D) of the Act);
E)
the planned depth of all proposed
				perforations or depth to the top of the open hole section
(Section
				1-35(b)(6)(E) of the Act); and
F)
				the anticipated type, source and volume of the base fluid anticipated to be
				used in the high volume horizontal hydraulic fracturing treatment;
7) Scaled Plat Maps, Diagrams or
				Cross-sections
A) A scaled
plat
map
showing
the well location and
all known previous well bores within 750 feet of any part of the
				horizontal well bore that penetrated within 400 vertical feet of the formation
				that will be stimulated as part of the high volume horizontal hydraulic
				fracturing operations
(Section 1-35(b)(7) of the Act). If the well
				bores are present, then also include the following information for each well
				bore: well name, location and permit number;
B) a scaled map showing the proposed unit,
				including the unit boundaries and the location of the proposed well, well pad,
				well site, access road and any other operating facilities;
C) a scaled top-view diagram showing the well
				location, direction of drilling below the surface entry point to the
				intersection with the formation to be stimulated, and the horizontal leg to its
				total length. Also indicate the location at the surface of all known previous
				well bores within 750 feet of any part of the horizontal well bore that
				penetrated within 400 vertical feet of the formation that will be stimulated as
				part of the HVHHF operations; and
D) a scaled cross-section of the well bore
				from the surface through the horizontal leg's total length, providing the
				information required in subsections (a)(4) and (a)(5), and showing the
				formations to be stimulated as described in subsection (a)(6)(A);
8) Chemical Disclosure Report
Unless the applicant documents
to the
				  Department's satisfaction
why the information is not available at the
				  time the application is submitted
(in which case the applicant shall
				  comply with Sections
				  245.700
				  and
				  245.720
				  ),
a chemical disclosure report identifying each chemical and proppant
				  anticipated to be used in hydraulic fracturing fluid for each stage of
				  the
high volume horizontal
hydraulic fracturing
				  operations
(Section 1-35(b)(8) of the Act). If this information is not
				  available pursuant to a trade secret claim under Sections
				  245.700
				  and 245.720, the permittee shall submit redacted and un-redacted copies of the
				  documents identifying the specific information on the master list of chemicals
				  claimed to be protected as trade secrets. The Department shall use the redacted
				  copies when posting the master list of chemicals on its website. The redacted
				  copy must also be submitted to the certified local public health department.
				  The report must contain the following:
A) for each stage,
the total volume
				of water anticipated to be used in the
high volume horizontal
hydraulic fracturing treatment of the well or the type and total volume
				of the base fluid anticipated to be used in the
high volume horizontal
hydraulic fracturing treatment, if something other than water
(Section 1-35(b)(8)(A) of the Act). If the total volume has not been determined
				at the time of the application, the permittee shall submit an estimate for the
				maximum volume of water or base fluid anticipated to be used;
B)
each hydraulic fracturing additive
				anticipated to be used in the hydraulic fracturing fluid, including the trade
				name, vendor, a brief descriptor of the intended use or function of each
				hydraulic fracturing additive, and the
MSDS
if
				applicable
(Section 1-35(b)(8)(B) of the Act). If this information is
				not available under Sections
				245.700
				and 245.720, the chemical family and chemical effects of each additive must be
				disclosed. If the additives have not been determined at the time of the
				application, the permittee must submit all possible additives that could be
				used;
C)
each chemical
				anticipated to be intentionally added to the base fluid, including, for each
				chemical, the
CAS
number, if applicable
(Section
				1-35(b)(8)(C) of the Act). If this information is not available under Sections
				245.700
				and 245.720, the chemical family and chemical effects of each chemical must be
				disclosed. If the chemicals have not been determined at the time of the
				application, the permittee must submit all possible chemicals that could be
				used;
D)
the anticipated
				concentration in the base fluid, in percent by mass, of each chemical to be
				intentionally added to the base fluid
(Section 1-35(b)(8)(D) of the
				Act) as calculated by the equation Mass Percent = g solute/g solution X 100. If
				the concentration has not been determined at the time of the application, the
				permittee shall submit an estimate and identify such as an estimate;
				and
E) at or before the time of the
				applicant's filing of its first application under the Act, the applicant must
				have on file with the Department a master list of chemicals, as required in
				Section 1-77 of the Act;
9) Water Use Self-Certification
A
self-
certification
explaining the applicant's
compliance with the Water Use Act of
				  1983
[525 ILCS 45 ]
and applicable regional water supply
				  plans
(Section 1-35(b)(9) of the Act), and including receipt or other
				  proof of the applicant's delivery of the plan to the applicable Soil and Water
				  Conservation District and any community water supply, as defined in Section 5
				  of the Public Water Supply Operations Act [415 ILCS 45/5
				  ], within 20 miles of the proposed water source;
10) Water Source Management Plan
A) If fresh water is anticipated to be used
				in the high volume horizontal hydraulic fracturing treatment,
a
				water
source
management plan that shall include the following
				information
(Section 1-35(b)(10) of the Act):
i)
the
name and location
				(county, latitude, longitude) of the
source of the
fresh
water, such as surface or groundwater, anticipated to be used for water
				withdrawals, and the anticipated withdrawal location
(Section
				1-35(b)(10)(A) of the Act);
ii)
the anticipated volume and rate of each
fresh
water
				withdrawal from each withdrawal location
(Section 1-35(b)(10)(B) of
				the Act);
iii)
the
				anticipated months when
fresh
water withdrawals shall be made
				from each withdrawal location
(Section 1-35(b)(10)(C) of the
				Act);
iv)
the methods to be
				used to minimize
fresh
water withdrawals as much as
				feasible
(Section 1-35(b)(10)(D) of the Act); and
v)
the methods to be used for surface
				water withdrawals to minimize adverse impact to aquatic life
(Section
				1-35(b)(10)(E) of the Act);
B) Additional Information. Pursuant to
				Section 1-35(b)(20) of the Act, with its Water Source Management Plan, the
				applicant shall:
i) specify the methods to be
				utilized for accurately monitoring the amount of water from each source and how
				that data will be recorded and maintained;
ii) specify the methods of transportation
				and/or delivery of withdrawn surface water to the well site;
iii) if recycled water is anticipated to be
				used in the HVHHF treatment, describe the source of the recycled water and the
				anticipated water to be used; and
iv) if water other than fresh water or
				recycled water is anticipated to be used in the HVHHF treatment:
* describe the source of that other water and the anticipated
				  volume to be used; and
* if the water derives from a river, lake, stream, other
				  surface water or groundwater and, but for the total dissolved solids (TDS)
				  levels, would be considered fresh water, provide the information required by
				  subsection (a)(10)(A);
C)
Where a surface water source is
				wholly contained within a single property, and the
landowner
of the property expressly agrees in writing to its use for
fresh
water withdrawals, the applicant is not required to include this
				surface water source in the fresh water withdrawal and management plan
(Section 1-35(b)(10) of the Act). For this exception to apply, the water use
				agreement with the landowner of the property must be provided with the permit
				application. Any confidential provisions of a water use agreement may be
				redacted by the applicant;
11) Hydraulic Fracturing Fluids and Flowback
				Plan
A)
A
hydraulic
				fracturing fluids and flowback
plan for the handling, storage,
				transportation, and disposal
, recycling,
or reuse of hydraulic
				fracturing fluids and hydraulic fracturing flowback
consistent with
				the requirements of Subpart H.
The plan shall identify the specific
				Class II injection well or wells that will be used to dispose of the hydraulic
				fracturing flowback
or the facilities where the hydraulic fracturing
				flowback will be reused or recycled.
The plan shall describe the
				capacity of the tanks to be used for the capture and storage of flowback and of
				the lined reserve pit to be used, if necessary, to temporarily store any
				flowback in excess of the capacity of the tanks. Identification of the Class II
				injection well or wells shall be by name, identification number, and specific
				location and shall include the date of the most recent mechanical integrity
				test for each Class II injection well
(Section 1-35(b)(11) of the
				Act);
B) Additional Information.
				Pursuant to Section 1-35(b)(20) of the Act, the applicant shall also describe
				the anticipated hydraulic fracturing flowback, the expected flowback rate and
				amount, and the frequency at which the storage tanks will be emptied;
12) Well Site Safety Plan
A)
A well site safety plan
				to:
i)
address proper safety
				measures to be employed during high volume horizontal hydraulic fracturing
				operations for the protection of persons on the
well
site
(Section 1-35(b)(12) of the Act) that complies with
				federal and State law, including applicable OSHA regulations; and
ii)
address proper safety measures to
				be employed during high volume horizontal hydraulic fracturing operations for
				the protection of the general public
(Section 1-35(b)(12) of the Act)
				that complies with federal and State law;
B) Additional Information. Pursuant to
				Section 1-35(b)(20) of the Act, the applicant shall also address proper safety
				measures to be employed during an emergency, such as whether local responders
				have appropriate equipment and training to respond to an emergency at a well
				site, identify the presence of any hazardous materials used or stored at the
				well site, and ensure the applicant has contact information for all appropriate
				emergency responders and that the applicant's contact information is made
				available to emergency responders;
13) Containment Plan
A containment plan describing the containment
				  practices and equipment to be used and the area of the well site where
				  containment systems will be employed
(Section 1-35(b)(13) of the Act)
				  to be compliant with Sections
				  245.820,
				  245.825 and
				  245.830;
14) Casing and Cementing Plan
A casing and cementing plan that describes the casing
				  and cementing practices to be employed, including the size of each string of
				  pipe, the starting point, and depth to which each string is to be set and the
				  extent to which each string is to be cemented
(Section 1-35(b)(14) of
				  the Act) to be compliant with Sections
				  245.530,
				  245.560
				  and
				  245.570;
15) Traffic Management Plan
A)
A traffic management plan
				that
is developed by the applicant, identifying the impacted highway
				authorities (county, township, road district system, and municipal street
				system, as applicable), to
identify the anticipated roads, streets, and
				highways that will be used
(Section 1-35(b)(15) of the Act) to
				facilitate the well site construction, drilling operations, HVHHF operations,
				production, and continued operations of the well site. The applicant shall
				include contact information for the applicant's representative with knowledge
				of the traffic management plan and contact information for a representative of
				each impacted highway authority. The applicant shall submit copies of the
				traffic management plan to the impacted highway authority, when the applicant
				submits the application to the Department, to provide the highway authority
				time to submit comments to the Department, if desired.
B) Additional Information. Pursuant to
				Section 1-35(b)(20) of the Act, the applicant shall also include:
i) a scaled map of the proposed routes,
				including but not limited to any access roads, that the applicant intends to
				use to construct the well site or to perform HVHHF operations, production and
				continued operations, for at least a 10 mile radius around the well site,
				identifying all the different highway jurisdictions, as well as any structures
				or property lines relevant to demonstrating compliance with Section
				245.410
				and 765 ILCS 530;
ii) anticipated
				start and end dates for well site construction and drilling operations, HVHHF
				operations, and other high traffic operations; and
iii) any management measures that will be
				used to minimize stress to local roads and/or impact on regular traffic
				flow;
16)
				Owner Information
The names and addresses of
				  all
owners
of any real property
surface interest
within 1,500 feet of the proposed well
				  site
as disclosed by the records in the office of the recorder
				  of the county or counties
(Section 1-35(b)(16) of the Act);
17) Public Notice Drafts
Drafts of the specific public notice and general
				  public notice as required by Section
245.250
				  using the forms provided by the Department (Section 1-35(b)(17) of the
				  Act);
18) Restoration
				Statement
A)
A statement that the
				well site at which the HVHHF operation will be conducted will be restored in
				compliance with 62 Ill. Adm. Code
				240.1181
				and Section 1-95 of
the
Act
(Section 1-35(b)(18) of
				the Act).
B) Additional
				Information. Pursuant to Section 1-35(b)(20) of the Act, the applicant shall
				provide:
i) Its proposed strategy for the
				pre-HVHHF operations plugging of previously abandoned unplugged or
				insufficiently plugged wells identified in subsection (a)(7)(A). For any well
				bores identified in subsection (a)(7)(A), this strategy shall demonstrate that
				the well bores are sufficiently plugged as described in Section
				245.815(b)
				or that the well bores will be plugged pursuant to Section
				245.1010;
ii) A strategy for restoration of lands used
				by the permittee other than the well site and production facility pursuant to
				Section
				245.1020;
				and
iii) A strategy for the
				plugging of the well and the restoration of the well site to be in compliance
				with 62 Ill. Adm. Code 240.Subpart K and Sections
				245.1000
				and
				245.1030
				of this Part;
19) Proof of Insurance
Proof of insurance
indicating that the
				  applicant/operator performing, itself or through a contractor, HVHHF operations
				  at the proposed well is insured
to cover injuries, damages, or loss
				  related to pollution in the amount of at least $5,000,000
per
				  occurrence (Section 1-35(b)(19) of the Act);
20) Water Quality Monitoring Work Plan
The work plan to ensure accurate and complete water
				  quality sampling and testing
(Section 1-80(a) of the Act) as set forth
				  in Section
				  245.600(a),
				  reviewed and certified by a professional engineer or professional
				  geologist;
21) Applicant
				Disclosure
Disclosure of and a written explanation for the following,
				  which must be supplemented if any changes occur after the application is
				  submitted:
A) Any conviction,
				adjudication or finding of
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);
B)
				Any revocation of a
high volume horizontal hydraulic fracturing permit,
				or its equivalent, 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).