THE ILLINOIS STATE GEOLOGICAL SURVEY'S INVOLVEMENT WITH ILLINOIS'S HYDRAULIC FRACTURING LEGISLATION

The Illinois State Geological Survey (ISGS) became involved with Illinois hydraulic fracturing legislation through the request of the Illinois Attorney General to provide information on seismicity and hydraulic fracturing. Background was provided on oil well drilling, production, hydraulic fracturing and Illinois oil history along with worldwide case histories of seismicity from hydraulic fracturing and wastewater disposal. This lead to participation on a state legislator’s working committee to draft legislation along with other state agencies, and equal number of representatives from environmental groups and the oil & gas industry. ISGS provided further scientific background to legislators, their staff and the oil & gas regulators and outlined the general seismic provision’s section of the legislative act, which included a “traffic light” procedure. After passage of the act, further background was provided to staff writing the regulations and provided written responses to public comments on the regulations. Also during this time period, many public presentation were made to civic groups, professional societies and several day long sessions at community colleges.

Concerning seismicity, the regulations are structured using the national monitoring network, which provides decades of background seismicity to about magnitude 2 and lower in the oil producing part of the state. The seismic provisions apply to wells accepting any Class II fluids or hydraulic fracturing flowback from a high volume horizontal hydraulic fracturing operation permitted by the Illinois Department of Natural Resources (IDNR) under the Hydraulic Fracturing Regulatory Act and does not apply to Class II wells used for enhanced oil recovery operations. The regulations are written to accommodate flexibility through requiring meetings with IDNR and ISGS to produce operating plans going forward when the “traffic light” initiates injection changes at a disposal well. This allows for incorporation of new scientific findings, monitoring, and tailored planning at various sites. Also IDNR has discretion to issue cessation orders when necessary, after consultation with ISGS, if induced seismicity conditions warrant cessation. ISGS continues to write required reports and participate on a legislative review committee on this issue.