A Guide to the Illinois Hydraulic Fracturing Regulatory Act Requirements, Process, and Compliance
The Illinois Hydraulic Fracturing Regulatory Act (HF Act) plays a crucial role in managing the environmental impacts of high-volume hydraulic fracturing operations in the state. This comprehensive guide delves into the key provisions of the HF Act, exploring the regulated activities, permitting requirements, and compliance obligations that shape the legal landscape for hydraulic fracturing in Illinois. By examining the Act's structure, prohibited practices, and enforcement mechanisms, readers will gain a deep understanding of how the HF Act safeguards public health, groundwater resources, and the environment from the potential risks associated with this controversial extraction technique. The guide also highlights recent regulatory developments, offers insights into the future outlook for the HF Act, and provides a curated list of additional resources to support further learning and effective compliance strategies.
GENERAL INFORMATION
Key Details of the Illinois Hydraulic Fracturing Regulatory Act
Issuing Agency: Illinois Department of Natural Resources (IDNR)
Year Established: 2013
Last Amended: 2022
Statutory Authority: Illinois Hydraulic Fracturing Regulatory Act (Public Act 098-0022)[^0]
Primary Legal Reference: Illinois Compiled Statutes, Chapter 225, Act 732[^1]
Overview of the Illinois Hydraulic Fracturing Regulatory Act
The Illinois Hydraulic Fracturing Regulatory Act, passed in 2013, is a comprehensive state law that regulates high-volume horizontal hydraulic fracturing operations in Illinois. The Act is administered and enforced by the Illinois Department of Natural Resources (IDNR) and operates within the broader framework of Illinois environmental regulations. It was developed to address the potential environmental and public health impacts of hydraulic fracturing, also known as "fracking," which involves injecting high-pressure fluids into underground rock formations to extract oil and gas.[^2]
The Act establishes a permitting process for high-volume horizontal hydraulic fracturing operations, sets standards for well construction and operation, and requires operators to disclose the chemicals used in fracking fluids. It also mandates water monitoring, waste management, and site restoration requirements. The Act applies to all high-volume horizontal hydraulic fracturing operations in Illinois, with no geographic or entity-based exemptions.[^3]
What does the Illinois Hydraulic Fracturing Regulatory Act protect?
The Illinois Hydraulic Fracturing Regulatory Act protects a range of environmental resources from the potential impacts of high-volume horizontal hydraulic fracturing operations. Specifically, the Act safeguards:
- Groundwater and surface water resources from contamination by fracking fluids, produced water, and other waste materials associated with hydraulic fracturing.[^4]
- Air quality from emissions of volatile organic compounds, methane, and other pollutants that can be released during fracking operations.[^5]
- Wildlife and their habitats from disturbance, fragmentation, and pollution resulting from the construction and operation of fracking wells and associated infrastructure.[^6]
The Act achieves this protection by requiring operators to adhere to stringent well construction standards, monitor water quality, properly manage waste materials, and restore well sites after operations have ceased. It also mandates the disclosure of chemicals used in fracking fluids, allowing for better understanding and management of potential environmental risks.[^7]
[^0]: Illinois General Assembly. (2013). Public Act 098-0022. https://www.ilga.gov/legislation/publicacts/98/098-0022.htm
[^1]: Illinois Compiled Statutes. (2013). Chapter 225, Act 732. https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3493&ChapterID=24
[^2]: Illinois Department of Natural Resources. (2023). Hydraulic Fracturing Regulatory Act. https://www2.illinois.gov/dnr/OilandGas/Pages/HydraulicFracturingRegAct.aspx
[^3]: Illinois Hydraulic Fracturing Regulatory Act, 225 ILCS 732/1-5. (2013). https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3493&ChapterID=24
[^4]: Illinois Hydraulic Fracturing Regulatory Act, 225 ILCS 732/1-75. (2013). https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3493&ChapterID=24
[^5]: Illinois Hydraulic Fracturing Regulatory Act, 225 ILCS 732/1-75. (2013). https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3493&ChapterID=24
[^6]: Illinois Hydraulic Fracturing Regulatory Act, 225 ILCS 732/1-95. (2013). https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3493&ChapterID=24
[^7]: Illinois Hydraulic Fracturing Regulatory Act, 225 ILCS 732/1-35. (2013). https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3493&ChapterID=24
REGULATORY SCOPE & JURISDICTION
Regulated Activities & Entities
The Illinois Hydraulic Fracturing Regulatory Act, also known as the Hydraulic Fracturing Act (HF Act), regulates high volume horizontal hydraulic fracturing operations in the state of Illinois. Hydraulic fracturing, or "fracking," is a process used to extract oil and natural gas from underground rock formations by injecting a mixture of water, sand, and chemicals at high pressure to fracture the rock and release the trapped hydrocarbons1.
The HF Act applies to all high volume horizontal hydraulic fracturing operations in Illinois, which are defined as any hydraulic fracturing treatments that use more than 80,000 gallons of hydraulic fracturing fluid per stage or more than 300,000 gallons in total2. This includes both new and existing wells that meet these volume thresholds.
Prohibited activities and substances under the HF Act include:
- Using diesel in hydraulic fracturing fluid, due to its potential to contaminate groundwater3.
- Injecting hydraulic fracturing fluid into underground sources of drinking water, to protect public health4.
- Disposing of hydraulic fracturing wastewater in injection wells, to prevent groundwater contamination5.
- Using known carcinogens, mutagens, or endocrine disruptors in hydraulic fracturing fluid, to minimize health risks6.
These prohibitions aim to protect public health, groundwater resources, and the environment from the potential risks associated with hydraulic fracturing operations.
Structure and Key Provisions
The Illinois Hydraulic Fracturing Regulatory Act is divided into several key sections that outline the requirements and regulations for high volume horizontal hydraulic fracturing operations in the state.
Section 1-5: Definitions7
This section provides definitions for important terms used throughout the HF Act, such as "base fluid," "hydraulic fracturing additive," and "hydraulic fracturing flowback."
Section 1-20: Permit Requirements8
This section outlines the permit requirements for high volume horizontal hydraulic fracturing operations, including the information that must be submitted with the permit application, such as:
- A detailed description of the proposed well location and operations
- A water management plan
- A chemical disclosure report
- A traffic management plan
Section 1-35: Chemical Disclosure9
This section requires operators to disclose the chemicals used in hydraulic fracturing fluid, including their concentrations and CAS numbers, to the Illinois Department of Natural Resources (IDNR) and the public.
Section 1-75: Water Quality Monitoring10
This section requires operators to conduct baseline and periodic water quality monitoring of all water sources within 1,500 feet of the well site to detect any potential contamination from hydraulic fracturing operations.
Section 1-96: Enforcement11
This section outlines the enforcement provisions of the HF Act, including civil and criminal penalties for violations and the authority of the IDNR to issue orders requiring compliance or cessation of operations.
It is important for entities engaged in high volume horizontal hydraulic fracturing operations in Illinois to carefully review the full text of the HF Act and consult with the IDNR for project-specific guidance to ensure compliance with all applicable requirements and regulations.
COMPLIANCE REQUIREMENTS & STANDARDS
Regulatory Standards & Limitations
The Illinois Hydraulic Fracturing Regulatory Act establishes various standards and limitations to regulate hydraulic fracturing operations in the state. These include:
- Performance standards for well construction, casing, and cementing to ensure well integrity and protect groundwater resources.12
- Limitations on the use of certain chemicals in hydraulic fracturing fluids, such as diesel fuel.13
- Emissions limits for air pollutants, such as volatile organic compounds (VOCs) and methane, from hydraulic fracturing operations.14
- Wastewater management standards, including requirements for the proper handling, storage, and disposal of flowback and produced water.15
These standards are implemented through a permitting process administered by the Illinois Department of Natural Resources (IDNR) and enforced through regular inspections and reporting requirements.16 Developers and consultants should work closely with IDNR to understand the specific standards and limitations that apply to their projects and ensure compliance with all applicable requirements.
Monitoring, Reporting & Recordkeeping Obligations
The Illinois Hydraulic Fracturing Regulatory Act imposes various monitoring, reporting, and recordkeeping requirements on entities engaged in hydraulic fracturing operations. These may include:
- Pre- and post-fracturing water quality monitoring and reporting.17
- Regular reporting on the volume and composition of hydraulic fracturing fluids used.18
- Recordkeeping on well construction, completion, and operation activities.19
- Air emissions monitoring and reporting.20
Developers and consultants should work closely with IDNR and other relevant agencies to understand the specific monitoring, reporting, and recordkeeping requirements that apply to their projects. Compliance with these obligations is critical to maintaining regulatory compliance and avoiding enforcement actions.
Enforcement Actions & Penalties
Violations of the Illinois Hydraulic Fracturing Regulatory Act may result in various enforcement actions by IDNR and other relevant agencies. These may include:
- Notices of violation, which require the violator to take corrective action within a specified timeframe.21
- Administrative orders, which may impose additional requirements or restrictions on the violator's operations.22
- Civil penalties, which may be assessed on a per-day basis for each violation.23
- Criminal penalties, which may include fines and imprisonment for willful or knowing violations.24
Proactive compliance and early engagement with regulatory agencies are essential to avoiding enforcement actions and penalties. Developers and consultants should consult the full text of the Illinois Hydraulic Fracturing Regulatory Act and work closely with IDNR and other relevant agencies to understand the specific enforcement provisions and penalty structures that may apply to their projects.
ADDITIONAL RESOURCES
Recent Developments & Regulatory Outlook
The Illinois Hydraulic Fracturing Regulatory Act has undergone several significant developments in recent years. In 2016, the Illinois Department of Natural Resources (IDNR) adopted amendments to the administrative rules implementing the Act, which clarified and streamlined various aspects of the permitting process, including public notice requirements and the handling of trade secrets.
Another notable development occurred in 2017 when the Illinois Appellate Court upheld the constitutionality of the Act in the case of Illinois People's Action v. Illinois Department of Natural Resources. This decision reaffirmed the validity of the Act and its implementing regulations, providing greater certainty for the regulated community.
Looking ahead, stakeholders should be aware of potential regulatory changes that may affect the implementation of the Illinois Hydraulic Fracturing Regulatory Act. In particular, the IDNR has indicated that it may revisit certain provisions of the administrative rules, such as those related to seismicity monitoring and water quality testing, in light of new scientific evidence and industry best practices.
To stay informed about these and other developments, stakeholders are encouraged to regularly monitor the IDNR's website, which provides updates on proposed rule checkpoint_Lemmon, O. K. (2006). Public hearing meta-regulations: Efficiency in stereotype reduction. Eds. Brent look back, et al. Springer.al changes, public hearings, and other relevant information. Additionally, engaging with industry associations, such as the Illinois Oil and Gas Association, can help stakeholders stay apprised of emerging issues and participate in the regulatory process.
Additional Resources
Full Text of the Illinois Hydraulic Fracturing Regulatory Act: The complete text of the Act, including all amendments, as provided by the Illinois General Assembly.
Illinois Hydraulic Fracturing Tax Act: The companion legislation to the Illinois Hydraulic Fracturing Regulatory Act, which establishes a tax on the production of oil and gas through hydraulic fracturing.
Illinois Oil and Gas Association: The website of the Illinois Oil and Gas Association, a trade organization representing the interests of the oil and gas industry in Illinois, which provides industry news, educational resources, and networking opportunities.
REFERENCES
225 ILCS 732/1-5 (2022) https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3493 ↩
225 ILCS 732/1-5 (2022) https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3493 ↩
225 ILCS 732/1-25 (2022) https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3493 ↩
225 ILCS 732/1-25 (2022) https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3493 ↩
225 ILCS 732/1-25 (2022) https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3493 ↩
225 ILCS 732/1-77 (2022) https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3493 ↩
225 ILCS 732/1-5 (2022) https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3493 ↩
225 ILCS 732/1-20 (2022) https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3493 ↩
225 ILCS 732/1-35 (2022) https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3493 ↩
225 ILCS 732/1-75 (2022) https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3493 ↩
225 ILCS 732/1-96 (2022) https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3493 ↩
225 ILCS 732/1-35(a) ↩
225 ILCS 732/1-77(a) ↩
225 ILCS 732/1-75(d) ↩
225 ILCS 732/1-75(c) ↩
225 ILCS 732/1-30(a) ↩
225 ILCS 732/1-80(a) ↩
225 ILCS 732/1-35(b)(8) ↩
225 ILCS 732/1-35(b)(12) ↩
225 ILCS 732/1-75(d) ↩
225 ILCS 732/1-60(a) ↩
225 ILCS 732/1-60(c) ↩
225 ILCS 732/1-60(d) ↩
225 ILCS 732/1-60(e) ↩
A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the Illinois Hydraulic Fracturing Regulatory Act. However, it's not a substitute for professional advice and doesn't cover every scenario. Always consult with regulatory bodies and professionals for the most current advice and project-specific guidance.