98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3562

 

Introduced 2/14/2014, by Sen. Dan Kotowski

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 732/1-21 new

    Amends the Hydraulic Fracturing Regulatory Act. Provides that the Director of Natural Resources shall suspend acceptance, approval, and issuance of all new permits for high volume horizontal hydraulic fracturing wells and operations or horizontal drilling wells with fracturing operations for extraction of oil, liquid natural gas, and natural gas on the effective date of this amendatory Act of the 98th General Assembly. Creates the Radioactivity in Fracturing Waste Task Force. Provides that the Task Force shall investigate and write a report outlining the effects of high volume horizontal hydraulic fracturing operations, horizontal drilling with fracturing operations for extraction of oil, liquid natural gas, and natural gas, or both in relation to TENORM and low level radioactive waste. Effective immediately.


LRB098 19568 MGM 54758 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3562LRB098 19568 MGM 54758 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Hydraulic Fracturing Regulatory Act is
5amended by adding Section 1-21 as follows:
 
6    (225 ILCS 732/1-21 new)
7    Sec. 1-21. Radioactivity.
8    (a) As used in this Section:
9    "Low level radioactive waste":
10        (1) has the same meaning as the term under the Illinois
11    Low Level Radioactive Waste Management Act; and
12        (2) includes waste used in, and generated by, high
13    volume horizontal hydraulic fracturing wells and
14    operations, horizontal drilling wells with fracturing
15    operations for extraction of oil, liquid natural gas, and
16    natural gas, or both, specifically including, but not
17    limited to: all waste matter, all flowback water, produced
18    water, all flowback and produced non-water liquids, fluids
19    and other non-water matter, all drill cuttings, radium salt
20    precipitate found coating pipes, tanks, and equipment,
21    slurries, contaminated soil, soil under pits and pit
22    liners, muds, drill casings, worker protection clothing
23    and equipment. This paragraph (2) shall apply until this

 

 

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1    waste is proven to not be low level radioactive waste by at
2    least 2 testings for radioactivity and radioactive
3    elements, using a laboratory that is accredited by the
4    federal government, and using U.S. Department of Energy
5    spectrographic protocols for radioactivity, and include at
6    minimum: testing for total gross alpha, beta and gamma
7    rays, and specialized testing for radioactive uranium-235
8    and uranium-238, thorium-232, radium-226, radium-228,
9    bismuth-214, lead-214, actinium-228, thallium-208, and
10    including radon gas, within 5 days before and 14 days after
11    the flowback period begins or the day of or day before the
12    end of flowback, if flowback ends before 9 days, and within
13    5 days before or 65 days after the flowback period ends.
14    "Radiation" includes alpha rays, beta rays, gamma rays,
15X-rays, neutrons, high-speed electrons, high-speed protons,
16and other atomic particles. "Radiation" does not include sound
17or radio waves, visible light, or infrared or ultraviolet
18light, as defined in 29 C.F.R. 1910.1096(a)(1).
19    "Radioactive matter" means any material which emits, by
20spontaneous nuclear disintegration, corpuscular or
21electromagnetic emanations, as defined in 29 C.F.R.
221910.1096(a)(2).
23    "TENORM" or "Technologically Enhanced Naturally Occurring
24Radioactive Material" means:
25        (1) a naturally occurring radioactive material whose
26    radionuclide concentrations are increased by or as a result

 

 

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1    of past or present human practices;
2        (2) waste used in and generated by high volume
3    horizontal hydraulic fracturing wells and operations,
4    horizontal drilling wells with fracturing operations for
5    extraction of oil, liquid natural gas, and natural gas, or
6    both, specifically including: all waste matter, all
7    flowback water, produced water, all flowback and produced
8    non-water liquids, fluids and other non-water matter, all
9    drill cuttings, radium salt precipitate found coating
10    pipes, tanks, and equipment, slurries, contaminated soil,
11    soil under pits and pit liners, muds, drill casings, worker
12    protection clothing and equipment. This paragraph (2)
13    shall apply until this waste is proven to not be TENORM by
14    at least 2 testings for radioactivity and radioactive
15    elements, using a laboratory that is accredited by the
16    federal government, and using U.S. Department of Energy
17    spectrographic protocols for radioactivity, and include at
18    minimum: testing for total gross alpha, beta and gamma
19    rays, and specialized testing for radioactive uranium-235
20    and uranium-238, thorium-232, radium-226, radium-228,
21    bismuth-214, lead-214, actinium-228, thallium-208, and
22    including radon gas, within 5 days before and 14 days after
23    the flowback period begins or the day of or day before the
24    end of flowback, if flowback ends before 9 days, and within
25    5 days before or 65 days after the flowback period ends;
26    and

 

 

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1        (3) radioactivity that is brought up in waste by high
2    volume horizontal hydraulic fracturing wells and
3    operations, horizontal drilling wells with fracturing
4    operations for extraction of oil, liquid natural gas, and
5    natural gas, or both.
6    "TENORM" does not include background radiation or the
7natural radioactivity of rocks or soils or source material or
8byproduct material as those terms are defined in the federal
9Atomic Energy Act of 1954 (AEA 42 USC §2011 et seq.) and
10relevant regulations implemented by the Conference of
11Radiation Control Program Directors.
12    (a-5) In addition to the applicability under Section 1-20,
13this Section applies to all activities surrounding and
14including (1) high volume horizontal hydraulic fracturing
15wells and operations, (2) horizontal drilling wells with
16fracturing operations for extraction of oil, liquid natural
17gas, and natural gas, or (3) both.
18    (b) The Director shall suspend acceptance, approval, and
19issuance of all new permits for high volume horizontal
20hydraulic fracturing wells and operations, and horizontal
21drilling wells with fracturing operations for extraction of
22oil, liquid natural gas, and natural gas under this Act, the
23Illinois Oil and Gas Act, and any other law, on the effective
24date of this amendatory Act of the 98th General Assembly.
25    (b-5) All waste water, fluids, and waste debris, as defined
26in paragraph (2) of the definition of TENORM under subsection

 

 

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1(a) of this Section, shall be treated as TENORM, until all
2tests under paragraph (2) of the definition of TENORM under
3subsection (a) of this Section show that the tested material is
4below the thresholds for TENORM and low level radioactive
5waste, as determined by the Illinois Emergency Management
6Agency.
7    (b-10) All material listed in paragraph (2) of the
8definition of TENORM or paragraph (2) of the definition of low
9level radioactive waste used in and generated by high volume,
10horizontal hydraulic fracturing operations or horizontal
11drilling with fracturing operations for extraction of oil,
12liquid natural gas, and natural gas shall be handled at all
13times according to the requirements of the Illinois Low-Level
14Radioactive Waste Management Act and all other applicable State
15and federal laws and regulations governing TENORM, low level
16radioactive waste, and radioactive matter.
17    (b-15) A permit holder may apply to the Illinois Emergency
18Management Agency for exemption from one or more of the
19requirements of this Section if the permit holder shows that
20the specific type of material sought for exemption is
21determined to be below the thresholds for TENORM and low level
22radioactive waste by the minimum scientific testing protocol
23requirements as defined in this Section, and the procedures
24defined in subsections (b-10), (b-15), (b-20), and (b-25) of
25this Section are met. To apply for an exemption, the permit
26holder shall obtain the minimum required scientific testing

 

 

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1protocols specified in subsections (b-10), (b-15), (b-20), and
2(b-25) of this Section for the materials sought to be exempted
3from these mandates, at the permit holder's own expense. The
4Illinois Emergency Management Agency shall make the
5determination as to whether the exemption should be granted
6based on the test results. The permit holder shall request that
7the laboratories send all testing results directly to the
8Illinois Emergency Management Agency. The Illinois Emergency
9Management Agency shall then notify the Department of Natural
10Resources of its determination regarding the permit holder's
11request for an exemption. The Department of Natural Resources
12shall implement and enforce the determination and directives
13set by the Illinois Emergency Management Agency governing any
14exemptions granted.
15    (b-20) The Illinois Emergency Management Agency shall make
16all determinations as to sufficiency of the required testing
17and as to the content of all directives that result from this
18testing for the labeling, management, transportation,
19treatment, disposal, handling, federal occupational safety
20laws or rules, and public health notifications for the tested
21materials. These determinations by the Illinois Emergency
22Management Agency shall be final and must be accepted and
23implemented in full by the Department of Natural Resources.
24    (b-25) All test results from the testing of TENORM and low
25level radioactive waste shall be returned from the testing
26laboratories directly to the Illinois Emergency Management

 

 

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1Agency. The Illinois Emergency Management Agency shall
2determine whether the tested material is below the thresholds
3for TENORM and low level radioactive waste. Upon an affirmative
4determination that the specific type of material sought for
5exemption is below the thresholds for TENORM and low level
6radioactive waste, the Director of the Illinois Emergency
7Management Agency may exempt the permit holder from one or more
8of the requirements of this Section.
9    (c) This Act and its rules shall be construed together with
10the Illinois Low-Level Radioactive Waste Management Act, the
11Central Midwest Interstate Low-Level Radioactive Waste
12Compact, and all other applicable State and federal laws and
13rules governing radioactive matter.
14    (d) The Radioactivity in Fracturing Waste Task Force is
15hereby created with the following members:
16        (1) two members appointed by the Director of the
17    Illinois Emergency Management Agency;
18        (2) one member appointed by the Director of Natural
19    Resources;
20        (3) one member appointed by the Director of the
21    Groundwater Advisory Council established under the
22    Illinois Groundwater Protection Act;
23        (4) one member appointed by the Illinois Environmental
24    Protection Agency;
25        (5) one member appointed by the Department of Public
26    Health who shall serve as chairperson of the Task Force;

 

 

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1    and
2        (6) one member appointed by the Illinois Department of
3    Labor, with a working knowledge of federal occupational
4    safety laws or rules for working with and around
5    radioactivity.
6    (e) Members of the Radioactivity in Fracturing Operations
7Task Force shall be appointed within 60 days after the
8effective date of this amendatory Act of the 98th General
9Assembly. The Radioactivity in Fracturing Operations Task
10Force shall:
11        (1) meet at least once a month, either in person or
12    through video conferencing or other technology via the
13    Internet;
14        (2) operate without pay, but with all expenses paid for
15    the functioning of the Radioactivity in Fracturing
16    Operations Task Force to be allocated by the Illinois
17    Emergency Management Agency;
18        (3) provide a fully researched report as described in
19    this Section;
20        (4) hold at least 3 public hearings throughout this
21    State to discuss these issues and solicit input from the
22    public;
23        (5) recommend amendments to this Act necessary to
24    conform this Act to the Low-Level Radioactive Waste
25    Management Act and its related administrative rules, and
26    all other existing State and federal laws concerning

 

 

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1    radioactivity and protection of workers from
2    radioactivity; this set of recommended amendments and
3    rules shall include the process of review of laboratory
4    testing, the process of allowing exemptions, the written
5    directives by the Illinois Emergency Management Agency for
6    the labeling, management, transportation, treatment,
7    disposal, handling, applicable federal occupational safety
8    laws or rules, and public health notifications for the
9    tested radioactive materials, the implementation, and
10    enforcement of the Illinois Emergency Management Agency
11    written review and directives by the Department of Natural
12    Resources, and the well operator notification of these
13    directives and enforcement procedures;
14        (6) recommend a complete set of rules based on the
15    Conference of Radiation Control Program Directors' (A)
16    model regulation for TENORM and (B) Part N of "Suggested
17    State Regulation on Control of Radiation";
18        (7) recommend a complete set of rules for the
19    protection of every person handling any matter used or
20    generated in and by high volume, horizontal hydraulic
21    fracturing operations, horizontal drilling with fracturing
22    operations for extraction of oil, liquid natural gas, and
23    natural gas, or both at the minimum requirements as set
24    forth in 29 C.F.R. 1910.1096; these recommended rules shall
25    include penalties for any person, corporation, or other
26    entity who requires as a condition of employment, forces,

 

 

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1    coerces, enters into an oral or written contract for the
2    procurement of, or otherwise obtains or attempts to obtain
3    any less protective worker protection measures than the
4    minimum as provided in 29 C.F.R. 1910.1096, including
5    through, by, from, or with any subcontractor or subsidiary
6    corporation, of a Class 4 felony and fines of up to
7    $1,000,000 per day per violation per individual or entity;
8    the rules shall also include provision for an interested
9    person to apply to the circuit court for issuance of an
10    injunction to enforce compliance, with damages and
11    attorney's fees;
12        (8) fully investigate any and all adverse effects of
13    high volume hydraulic fracturing operations, horizontal
14    drilling with fracturing operations, or both with regard
15    to:
16            (A) the oil and natural gas wells, Class II
17        injection wells, the industry infrastructure and
18        pipelines and their effects and potential risks to
19        human health and the environment from TENORM and low
20        level radioactive waste used in and generated by (i)
21        high volume horizontal hydraulic fracturing
22        operations, (ii) horizontal drilling with fracturing
23        operations for extraction of oil, liquid natural gas,
24        and natural gas, or (iii) both;
25            (B) the environmental and public health effects of
26        TENORM and low level radioactive waste used in and

 

 

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1        generated by spillage, leakage, fires, or blowouts of
2        oil, liquid natural gas, and natural gas, its
3        containment, processing infrastructure, and
4        transportation infrastructure in (i) high volume
5        horizontal hydraulic fracturing operations, (ii)
6        horizontal drilling with fracturing operations for
7        extraction of oil, liquid natural gas, and natural gas,
8        or (iii) both;
9            (C) the environmental and public health effects of
10        TENORM and low level radioactive waste used in and
11        generated by spillage or leakage from open fracturing
12        waste pits during (i) high volume horizontal hydraulic
13        fracturing operations, (ii) horizontal drilling with
14        fracturing operations for extraction of oil, liquid
15        natural gas, and natural gas, or (iii) both;
16            (D) the environmental damage and public health
17        effects of TENORM and low level radioactive waste used
18        in or generated by (i) high volume horizontal hydraulic
19        fracturing operations, (ii) horizontal drilling with
20        fracturing operations for extraction of oil, liquid
21        natural gas, and natural gas, or (iii) both of
22        spillage, leakage, fires, or blowouts of hydraulic
23        fracturing or fracturing fluids, chemicals, proppants
24        and byproducts, its containment, processing
25        infrastructure, and transportation infrastructure;
26            (E) the environmental damage and public health

 

 

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1        effects of TENORM and low level radioactive waste used
2        in or generated by (i) high volume horizontal hydraulic
3        fracturing operations, (ii) horizontal drilling with
4        fracturing operations for extraction of oil, liquid
5        natural gas, and natural gas, or (iii) both, to water
6        resources and water sheds;
7            (F) the recommended documentation of the federal
8        Department of Energy testing protocols for radioactive
9        matter used in or generated by (i) high volume
10        horizontal hydraulic fracturing operations, (ii)
11        horizontal drilling with fracturing operations for
12        extraction of oil, liquid natural gas, and natural gas,
13        or (iii) both;
14            (G) the recommended comprehensive documentation
15        system and permanent retention of all documentation
16        for tracking all TENORM and low level radioactive waste
17        used in or generated by (i) high volume horizontal
18        hydraulic fracturing operations, (ii) horizontal
19        drilling with fracturing operations for extraction of
20        oil, liquid natural gas, and natural gas, or (iii)
21        both, from drilling site to transport to its
22        disposition;
23            (H) recommended best practices for radon monitors
24        during (i) high volume horizontal hydraulic fracturing
25        operations, (ii) horizontal drilling with fracturing
26        operations for extraction of oil, liquid natural gas,

 

 

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1        and natural gas, or (iii) both; if radon is found to be
2        released from (i) high volume horizontal hydraulic
3        fracturing operations, (ii) horizontal drilling with
4        fracturing operations for extraction of oil, liquid
5        natural gas, and natural gas, or (iii) both, in large
6        quantities, then recommendations for precautions for
7        workers and residents should be given;
8            (I) best practices regarding the burning and
9        flaring of radon in large quantities;
10            (J) recommendations for testing natural gas,
11        liquid natural gas, and oil produced in this State for
12        radon, and recommendations if the test shows high
13        amounts of radon at the wellhead;
14            (K) recommendations for best practices for
15        hand-held radiation monitors on the site of (i) high
16        volume horizontal hydraulic fracturing operations,
17        (iii) horizontal drilling with fracturing operations,
18        or (iii) both and dosimeters worn by the workers to
19        measure for Total Gamma and Total Beta as a general
20        alert, as well as radon monitors worn by the workers,
21        and for compliance with federal occupational safety
22        laws or rules if the monitors and dosimeters exceed
23        acceptable limits, and the radioactivity testing of
24        fracturing waste is reported with results that dictate
25        compliance with all federal occupational safety laws
26        or rules for radioactivity in the work place; and

 

 

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1            (L) recommendations for implementation of the
2        testing of all fracturing waste, and the regulatory
3        framework under this Act, and recommendations for the
4        communication and timely follow up of testing of all
5        fracturing waste, and recommendations for the
6        determinations of methods of labeling, management,
7        transportation, treatment, disposal, handling, federal
8        occupational safety laws or rules, and public health
9        notifications described in this Act, by and between the
10        appropriate personnel at the Illinois Emergency
11        Management Agency and the Department.
12    (f) The Task Force shall investigate and write a report
13outlining the effects of (i) high volume horizontal hydraulic
14fracturing operations, (ii) horizontal drilling with
15fracturing operations for extraction of oil, liquid natural
16gas, and natural gas, or (iii) both, in relation to TENORM and
17low level radioactive waste, to be submitted to the General
18Assembly, the Governor, the Task Force on Hydraulic Fracturing
19Regulation, the Illinois State Water Survey, the Illinois
20Emergency Management Agency, the Department of Natural
21Resources, the Groundwater Advisory Council established under
22the Illinois Groundwater Protection Act, the Illinois
23Environment Protection Agency, the Illinois Groundwater
24Association, the Department of Public Health, and to the public
25via the website of the Illinois Emergency Management Agency and
26the website of Department of Natural Resources, which shall

 

 

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1include recommendations and conclusions about:
2        (1) the recommended rules and amendments to this Act
3    described under paragraphs (5), (6), and (7) of subsection
4    (e);
5        (2) the risks of drilling and extracting oil, liquid
6    natural gas, and natural gas in relation to TENORM and low
7    level radioactive waste;
8        (3) the risks of drilling and operating Class II
9    injection wells for oil, liquid natural gas, and natural
10    gas waste disposal in relation to TENORM and low level
11    radioactive waste;
12        (4) the use of high volume horizontal hydraulic
13    fracturing operations or horizontal drilling with
14    fracturing operations waste or wastewater open pits in
15    relation to TENORM and low level radioactive waste, and the
16    public health and environmental effects of the use of that
17    waste;
18        (5) the risks of spillage and leakage resulting in
19    water contamination from oil, liquid natural gas, and
20    natural gas wells and operations in relation to TENORM and
21    low level radioactive waste;
22        (6) bonding requirements for infrastructure in
23    relation to TENORM and low level radioactive waste from (A)
24    high volume horizontal hydraulic fracturing operations,
25    (B) horizontal drilling with fracturing operations for
26    extraction of oil, liquid natural gas, and natural gas, or

 

 

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1    (C) both;
2        (7) insurance requirements for infrastructure in
3    relation to TENORM and low level radioactive waste during
4    (A) high volume horizontal hydraulic fracturing
5    operations, (B) horizontal drilling with fracturing
6    operations for extraction of oil, liquid natural gas, and
7    natural gas, or (C) both;
8        (8) best practices for the oil and natural gas industry
9    in relation to TENORM and low level radioactive waste; and
10        (9) any and all additional recommendations related to
11    TENORM and low level radioactive waste for the oil and
12    natural gas industry and its (A) high volume horizontal
13    hydraulic fracturing operations, (B) horizontal drilling
14    with fracturing operations for extraction of oil, liquid
15    natural gas, and natural gas, or (C) both.
16    (g) The report shall include recommendations to the General
17Assembly and the Governor for legislation to protect the public
18health, safety, and welfare and the environment of this State
19from any adverse effects of blowouts, spillage, leakage, and
20damages associated with high volume horizontal hydraulic
21fracturing operations or horizontal drilling with fracturing
22operations, wells, drilling, Class II injection wells, waste
23and waste water containment, transportation including,
24trucking accidents and hazmat emergency planning, pipelines,
25infrastructure, chemicals, proppants, and byproducts, in
26relation to TENORM and low level radioactive waste.

 

 

SB3562- 17 -LRB098 19568 MGM 54758 b

1    (h) The Task Force shall submit this report on or before
2July 1, 2015. The Task Force shall be dissolved on January 1,
32016.
4    (i) This Section is repealed on January 31, 2016.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.