Sen. Michael W. Frerichs

Filed: 3/27/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 3280 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Oil and Gas Act is amended by
5adding Section 6.8 as follows:
6    (225 ILCS 725/6.8 new)
7    Sec. 6.8. Extraction of hydrocarbons from shale using
8hydraulic fracturing.
9    (a) The Department, by rule, shall:
10        (1) require an operator of a well on which a hydraulic
11    fracturing treatment is performed to:
12            (A) complete the form posted on the hydraulic
13        fracturing chemical registry Internet website of the
14        Ground Water Protection Council and the Interstate Oil
15        and Gas Compact Commission with regard to the well;
16            (B) include in the form completed under



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1        subparagraph (A):
2                (i) the total volume of water used in the
3            hydraulic fracturing treatment; and
4                (ii) each chemical ingredient that is subject
5            to the requirements of 29 C.F.R. 1910.1200(g)(2),
6            as provided by a service company, chemical
7            supplier, or by the operator, if the operator
8            provides its own chemical ingredients;
9            (C) post the completed form described by
10        subparagraph (A) on the website described by that
11        subparagraph or, if the website is discontinued or
12        permanently inoperable, post the completed form on
13        another publicly accessible Internet website specified
14        by the Department;
15            (D) submit the completed form described by
16        subparagraph (A) to the Department with the well
17        completion report for the well; and
18            (E) in addition to the completed form specified in
19        subparagraph (D), provide to the Department a list, to
20        be made available on the Internet website of the Ground
21        Water Protection Council and the Interstate Oil and Gas
22        Compact Commission or, if necessary, another publicly
23        accessible website, of all other chemical ingredients
24        not listed on the completed form that were
25        intentionally included and used for the purpose of
26        creating a hydraulic fracturing treatment for the



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1        well; the Department, by rule, shall ensure that an
2        operator, service company, or supplier is not
3        responsible for disclosing ingredients that:
4                (i) were not purposely added to the hydraulic
5            fracturing treatment;
6                (ii) occur incidentally or are otherwise
7            unintentionally present in the treatment; or
8                (iii) in the case of the operator, are not
9            disclosed to the operator by a service company or
10            supplier; the rule shall not require that the
11            ingredients be identified based on the additive in
12            which they are found or that the concentration of
13            such ingredients be provided;
14        (2) require a service company that performs a hydraulic
15    fracturing treatment on a well or a supplier of an additive
16    used in a hydraulic fracturing treatment on a well to
17    provide the operator of the well with the information
18    necessary for the operator to comply with paragraph (1);
19        (3) prescribe a process by which an entity required to
20    comply with paragraph (1) or (2) may withhold and declare
21    certain information as a trade secret, including, but not
22    limited to, the identity and amount of the chemical
23    ingredient used in a hydraulic fracturing treatment;
24        (4) require a person who desires to challenge a claim
25    of entitlement to trade secret protection under paragraph
26    (3) to file the challenge not later than the second



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1    anniversary of the date the relevant well completion report
2    is filed with the Department;
3        (5) limit the persons who may challenge a claim of
4    entitlement to trade secret protection under paragraph (3)
5    to:
6            (A) the landowner on whose property the relevant
7        well is located;
8            (B) a landowner who owns property adjacent to
9        property described by subparagraph (A); or
10            (C) a department or agency of this State with
11        jurisdiction over a matter to which the claimed trade
12        secret is relevant;
13        (6) require, in the event of a trade secret challenge,
14    that the Department promptly notify the service company
15    performing the hydraulic fracturing treatment on the
16    relevant well, the supplier of the additive or chemical
17    ingredient for which the trade secret claim is made, or any
18    other owner of the trade secret being challenged and
19    provide the owner an opportunity to substantiate its trade
20    secret claim;
21        (7) prescribe a process, consistent with 29 C.F.R.
22    1910.1200, for an entity described by paragraph (1) or (2)
23    to provide information, including information that is a
24    trade secret as defined by Appendix D to 29 C.F.R.
25    1910.1200, to a health professional or emergency responder
26    who needs the information in accordance with subsection (i)



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1    of that section of 29 C.F.R. 1910.1200;
2        (8) require, prior to such hydraulic fracturing, the
3    owner or operator to perform a suitable mechanical
4    integrity test of the casing or of the casing-tubing
5    annulus or other mechanical integrity test methods using
6    procedures that are established by administrative rule;
7    and
8        (9) require, during the well stimulation operation,
9    that the owner or operator monitor and record the annulus
10    pressure using procedures that are established by
11    administrative rule.
12    (b) The protection and challenge of trade secrets under
13this Section is governed by subsection (g) of Section 7 of the
14Freedom of Information Act.
15    (c) The owner or operator shall provide information to the
16Department as to the amounts, handling, and, if necessary,
17disposal at an identified appropriate disposal facility, or
18reuse of the well stimulation fluid load recovered during flow
19back, swabbing, or recovery from production facility vessels.
20Storage of the well stimulation fluid load shall be protective
21of an underground source of drinking water by the use of either
22tanks or lined pits.
23    (d) This Section applies only to the extraction of
24hydrocarbons from shale.
25    (e) The Department shall adopt any other rules necessary to
26regulate hydraulic fracturing and corollary issues related to



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1hydraulic fracturing.".