1

AN ACT Concerning Hydraulic Fracturing Regulation.

Be It Enacted by the Legislature of the State of Florida:

ARTICLE 1.
Section

4
5

Section

title.

This

Act

may

be

cited

as

the

2.

Definitions.

For

the

purposes

of

this

Act,

unless the context otherwise requires:

"Aquatic

8
9

Short

Florida Hydraulic Fracturing Regulatory Act.

6
7

1.

life"

means

all

fish,

reptiles,

amphibians,

crayfish, and mussels.

"Aquifer" means a geologic formation, group of formations,

10
11

or

part

of

formation

12

permeable material to yield useful quantities of groundwater to

13

wells, springs or surface water.

fluid"

contains

15

including,

16

fracturing operation or an acid stimulation treatment fluid.

limited

continuous
to,

water

phase

saturated

"Base

not

the

sufficient

14

but

means

that

used

in

fluid
a

type,

hydraulic

17

"BTEX" means benzene, toluene, ethylbenzene, and xylene.

18

"Chemical" means any element, chemical compound, or mixture

19

of

elements

or

compounds

20

identity,

such

21

regardless

of

22

requirements of paragraph (2) of subsection (g) of 29 Code of

23

Federal Regulations 1910.1200.

as

whether

that

has

Chemical
the

its

own

specific

Abstracts

Service

chemical

is

subject

name

or

number,
to

the

"Chemical

24

Abstracts

Chemical

Service"

Society

that

means
is

the

the

division

25

American

globally

26

authority for information on chemical substances.

of

the

recognized

27

"Chemical Abstracts Service number" or "CAS number" means

28

the unique identification number assigned to a chemical by the

29

Chemical Abstracts Service.

30

Class II injection well means wells used to inject fluids

31

associated with the production of oil and natural gas or fluids

32

used to enhance hydrocarbon recovery. Class II injection wells

33

are

34

Protection, Oil and Gas Program.

regulated

by

the

Florida

Department

of

Environmental

35

"Completion combustion device" means any ignition device,

36

installed horizontally or vertically, used in exploration and

37

production operations to combust otherwise vented emissions.

38
39
40
41

"Delineation

well"

means

well

drilled

in

order

to

determine the boundary of a field or producing reservoir.

"Department" means the Florida Department of Environmental
Protection.

42

"Diesel" means a substance having any one of the following

43

Chemical Abstracts Service Registry numbers: 68334-30-5; 68476-

44

34-6; 68476-30-2; 68476-31-3; 8008-20-6; or 68410-00-4. "Diesel"

45

includes

46

States Environmental Protection Agency as diesel fuel used in

any

additional

substances

regulated

by

the

United

47

hydraulic fracturing activities under the federal Safe Drinking

48

Water Act.
"Director"

49
50

means

the

Director

of

Florida

Department

of

Environmental Protection or its successor agency or agencies.

"Enhanced oil recovery operation" means any secondary or

51
52

tertiary

53

hydrocarbons from a pool by injection of fluids, gases or other

54

substances to maintain, restore, or augment natural reservoir

55

energy, or by introducing gases, chemicals, other substances, or

56

heat, or by in-situ combustion, or by any combination thereof.

EPA

57
58

recovery

means

method

the

used

United

in

an

States

effort

to

Environmental

recover

Protection

Agency.
"Flare" means a thermal oxidation system using an open,

59
60

enclosed,

or

semi-enclosed

flame.

"Flare"

does

not

61

completion combustion devices as defined in this Section.

include

62

"Flowback period" means the process of allowing fluids to

63

flow from a well following a treatment, either in preparation

64

for

65

cleanup and returning the well to production. "Flowback period"

66

begins when the material the hydraulic fracturing fluid returns

67

to the surface following hydraulic fracturing or re-fracturing.

68

"Flowback period" ends with either well shut in or when the well

69

is

70

vessel for collection, whichever occurs first.

subsequent

producing

phase

continuously

of

to

treatment

the

flow

or

in

line

preparation

or

to

for

storage

71

"Fresh water" means surface and subsurface water in its

72

natural state that is suitable for drinking water for human

73

consumption,

74

municipal

75

supporting aquatic life, and contains less than 10,000 ppm total

76

dissolved solids.

77
78

"Gas"

domestic

and

livestock,

recreational

has

the

same

irrigation,

purposes,

meaning

as

that

industrial,

is

provided

capable

in

s.

of

377.19,

Florida Statutes.

79

"Groundwater" means any water below the land surface that

80

is within the saturated zone or geologic materials where the

81

fluid pressure in the pore space is equal to or greater than

82

atmospheric pressure.

83

"Health

professional"

means

physician,

physician

84

assistant, nurse practitioner, a registered professional nurse,

85

emergency medical technician, or other individual appropriately

86

licensed or registered to provide health care services.

87
88
89

"Horizontal well" has the same meaning as provided in s.

377.19, Florida Statutes.
"Hydraulic

fracturing

additive"

means

any

chemical

90

substance or combination of chemicals, including, but is not

91

limited to, an acid stimulation treatment fluid or any chemical

92

or proppant that is added to a base fluid for the purposes of

93

preparing

94

fracturing operation.

hydraulic

fracturing

fluid

for

hydraulic

"Hydraulic

95

fracturing

flowback"

means

all

hydraulic

96

fracturing fluid and other fluids that return to the surface

97

after

98

completed and prior to the well being placed in production.

stage

of

hydraulic

fracturing

operations

has

been

"Hydraulic fracturing fluid" means the mixture of the base

99
100

fluid

and

all

101

perform hydraulic fracturing.

"Hydraulic

102

the

hydraulic

fracturing

treatment

operations"

means

60,000 gallons per stage of fluid and proppant to initiate or

106

propagate

107

extraction or production of oil or gas. Hydraulic fracturing

108

operations shall also mean well stimulation that uses, in whole

109

or in part, the application of one or more acids to the well or

110

underground geologic formation or may be used in combination

111

with hydraulic fracturing treatments or other well stimulation

112

treatments.

formation

well

105

to

as

enhance

"Hydraulic fracturing permit" means the permit issued by

113
114

the

115

operations to occur at a well site.

116

vertical

of

defined in this Act by the pressurized application of more than

geologic

or

stages

to

104

horizontal

all

used

stimulation

in

additives,

103

fractures

of

fracturing

Department

"Hydraulic

under

this

fracturing

Act

allowing

string"

means

hydraulic

fracturing

any

or

pipe

casing

117

string used for the transport of hydraulic fracturing fluids

118

during the conduct of the hydraulic fracturing operations.

5

119
120
121
122

"Hydraulic

fracturing

treatment"

shall

have

the

same

definition as "hydraulic fracturing operations".

"Intake" means a pipe or other means to withdraw raw water
from a water source.

123

"Landowner" means the legal title holder or owner of real

124

property and includes an owner of an undivided interest, a life

125

tenant,

126

trustee under an active trust, and the holder of the beneficial

127

interest under a land trust. "Landowner" does not include a

128

mortgagee, a trustee under a trust deed in the nature of a

129

mortgage, a lien holder, or a lessee.

remainderman,

public

or

private

corporation,

130

"Low pressure well" means a well with reservoir pressure

131

and vertical well depth such that 0.445 times the reservoir

132

pressure (in psia) minus 0.038 times the vertical well depth (in

133

feet) minus 67.578 psia is less than the flow line pressure at

134

the sales meter.

135

Multilevel

system

well

means

monitoring

device

136

consisting of packers placed at different vertical depths along

137

a single casing string to monitor subsurface groundwater.

138

"Nature preserve" means an area of land that is protected

139

and managed in order to preserve a particular type of habitat

140

and its flora and fauna which are often rare and endangered

141

species.

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143
144
145
146
147
148
149

Nested

Well

means

two

or

more

wells

installed

at

different vertical depths in one borehole.

"Oil"

has

the

same

meaning

as

provided

in

s.

377.19,

Florida Statutes.
"Operator" means the entity who:
(a)

Has the right to drill and to produce a well

under this Act; and

(b)

Injects or is engaged in the work of preparing to

150

inject hydraulic fracturing fluid.

151

"Owner" has the same meaning as provided in s. 377.19,

152
153

Florida Statutes.
"Perennial stream" means a stream that has continuous flow

154

in its stream bed during all of the calendar year.

155

"Permit" means a hydraulic fracturing permit.

156

"Permittee" means a person holding a hydraulic fracturing

157
158
159
160

permit under this Act.

"Person" has the same meaning as provided in s. 377.19,
Florida Statutes.
"Pollution,

contamination,

or

diminution"

means

the

161

presence in or introduction into the environment of a substance

162

or thing that has any harmful or poisonous effects.

163

"Produced water" means water, regardless of chloride and

164

total dissolved solids content, that is produced in conjunction

165

with

oil

or

natural

gas

production

or

natural

gas

storage

166

operations, but does not include hydraulic fracturing flowback.

167

"Proppant" means sand or any natural or man-made material

168

that is used during hydraulic fracturing operations to prop open

169

the artificially created or enhanced fractures.

"Public

170

water

supply"

means

all

mains,

pipes,

and

171

structures through which water is obtained and distributed to

172

the

173

intakes

174

reservoirs, and storage tanks and appurtenances, collectively or

175

severally, actually used or intended for use for the purpose of

176

furnishing water for drinking or general domestic use, and which

177

serves at least 10 service connections or which regularly serves

178

at least 20 persons at least 60 days per year..

public,
and

including
cribs,

aquifers,
pumping

wells

and

stations,

well

structures,

treatment

plants,

179

"Release" means any spilling, leaking, pumping, pouring,

180

emitting, emptying, discharging, injecting, escaping, leaching,

181

dumping, or disposing into the environment.

"Serious violation" means any violation that goes against

182
183

what

184

instructions given by the Department.

185

was

allowed

"Service
and

by

permit

connection"

and

means

186

fittings

appurtenances,

187

water is supplied to the user.

at

the
the

any

other

opening,
water

main

materials

including
through

or

all
which

"Surface

188
189

water"

means

all

water

that

is

open

to

the

atmosphere and subject to surface runoff.

"Total water volume" means the total quantity of water from

190
191

all

sources

used

192

including

193

recycled water.

194

"Water

in

surface

the

water,

hydraulic

pollution"

fracturing

groundwater,

means

any

operations,

produced

alteration

of

water,

the

or

physical,

195

thermal, chemical, biological, or radioactive properties of any

196

waters of the State, or the discharge of any contaminant into

197

any

198

nuisance or render the waters harmful, detrimental, or injurious

199

to

200

commercial,

201

legitimate

202

life.

203

water

public

the

State,

health,

safety,

industrial,
uses,

or

as

to

will

or

or

is

likely

welfare,

agricultural,
livestock,

or

to

create

to

domestic,

recreational,

wildlife

or

or

other

other
aquatic

"Water source" means:

(1) any existing water well or developed spring used

204
205

of

for human or domestic animal consumption, or;

(2) any river, perennial stream, aquifer, natural or

206
207

artificial lake, pond, wetland or reservoir.

208

"Well" means any drill hole required to be permitted under

209
210
211

ss. 377.01-377.43, Florida Statutes.

"Well
occupied

site"
by

all

means

surface

equipment

or
9

areas,

including

facilities

the

necessary

well,
for

or

212

incidental

213

production, or plugging a well.

Well

214

to

hydraulic

stimulation

fracturing

fluid

means

operations,

base

fluid

drilling,

mixed

with

215

physical and chemical additives, which may include acid for the

216

purpose

217

treatment may include more than one well stimulation treatment

218

fluid. Well stimulation treatment fluids include, but are not

219

limited

220

treatment fluids.

of

to,

well

stimulation

hydraulic

treatment.

fracturing

fluids

and

well

acid

stimulation

stimulation

221

"Wildcat well" means a well outside known fields or the

222

first well drilled in an oil or gas field where no other oil and

223

gas production exists.

"Wildlife"

224

means

any

member

of

the

animal

kingdom,

225

including without limitation any mammal, fish, bird (including

226

any

227

reptile, mollusk, crustacean, arthropod or other invertebrate,

228

and includes any part, product, egg, or offspring thereof any

229

bird or mammal that are by nature wild by way of distinction

230

from those that are naturally tame and are ordinarily living

231

unconfined in a state of nature without the care of man.

232

migratory,

Section

3.

nonmigratory,

or

Intergovernmental

endangered

bird),

cooperation.

The

amphibian,

Department

233

shall have the primary authority to administer the provisions of

234

this Act. The Florida Fish and Wildlife Conservation Commission,

235

and the Office of the State Fire Marshal shall be advised of

10

236

hydraulic

fracturing

permit

applications

237

Department and lend assistance as required by the provisions of

238

this Act.

239

Section 4. Powers and duties.

240

(a)

Except

as

otherwise

provided,

received

the

by

Department

the

shall

241

enforce this Act and all rules and orders adopted in accordance

242

with this Act.

243

(b)

Except

as

otherwise

provided,

the

Department

shall

244

have jurisdiction and authority over all persons and property

245

necessary to enforce the provisions of this Act effectively. In

246

aid of this jurisdiction, the Director, or anyone designated in

247

writing by the Director, shall have the authority to administer

248

oaths and to issue subpoenas for the production of records or

249

other

250

proceedings of the Department.

251

documents

(c)

The

and

for

the

Department

may

attendance

of

witnesses

at

any

authorize

any

employee

of

the

252

Department, qualified by training and experience, to perform the

253

powers and duties set forth in this Act.

254

(d)

For
of

the

purpose

this

Act

of

and

determining
any

or

rules

with

entered

the

255

provisions

256

adopted under this Act, the Department shall have the right at

257

all times to go upon and inspect properties where hydraulic

258

fracturing operations are being or have been conducted.

11

orders

compliance

or

(e)

259

The Department shall make any inquiries as it may deem

260

proper

261

orders or rules entered or adopted under this Act exists or is

262

imminent. In the exercise of these powers, the Department shall

263

have

264

sampling;

265

properties, including records and logs; to examine, check, and

266

test

267

administrative

268

reasonably necessary to enforce this Act.

269

to

determine

the

authority
to

make

violation

collect

wells;

rules;

Except

as

manner

and

to

which

all

271

submitted under this Act is submitted.

require

any

action

the

information

Act

or

any

testing

hearings;

provided,

specify

this

inspections;

hold
take

otherwise
in

and

to

of

data;

270

272

the

to

investigation

hydrocarbon

(f)

whether

to

examine

to
as

and

adopt
may

be

Department
required

may

to

be

Section 5. Applicability. This Act applies to all wells

273

where

hydraulic

274

occurred, or are occurring in this State. The provisions of this

275

Act shall be in addition to the provisions of ss. 377.01-377.43,

276

Florida

277

provisions of ss. 377.01-377.43, Florida Statutes are superseded

278

by this Act.

279

entities and regional government entities, as those terms are

280

defined in s. 164.1031, Florida Statute, from enacting stricter

281

ordinances,

282

operations or completely banning the operations.

Statutes.

fracturing

However,

operations

if

there

are

is

planned,

conflict,

have

the

Nothing in this Act restricts local government

rules

or

regulations

12

for

hydraulic

fracturing

283

Section 6. Setbacks and prohibitions.

284

(a)

Except as provided in subsection (b) of this Section,

285

no well site where hydraulic fracturing operations are proposed,

286

planned, or occurring may be located as follows:

(1)

287

within 500 feet measured horizontally from any

288

residence or place of worship unless the owner of the residence

289

or

290

expressly agrees in writing to a closer well location;

the

governing

(2)

291

body

of

the

place

of

worship

otherwise

within 500 feet measured horizontally from the

292

edge of the property line from any school, hospital, or licensed

293

nursing home facility;

294

(3)

within 500 feet measured horizontally from the

295

surface location of any existing water well or developed spring

296

used for human or domestic animal consumption, unless the owner

297

or owners of the well or developed spring otherwise expressly

298

agrees or agree in writing to a closer well location;

(4)

299

within 300 feet measured horizontally from the

300

center of a perennial stream or from the ordinary high water

301

mark

302

reservoir;

303

of

any

river,

natural

or

artificial

lake,

pond,

or

(5)

within 5,280 feet of a nature preserve, wildlife

304

preserve, site designated for endangered species or state of

305

federal park;

13

(6)

306

within

1,500

feet

of

surface

water

or

307

groundwater intake of a public water supply; the distance from

308

the public water supply as identified by the Department shall be

309

measured as follows:
(A)

310

For

surface

water

intake

on

lake

or

311

reservoir, the distance shall be measured from the intake point

312

on the lake or reservoir.

(B)

313
the

For

distance

surface

315

radius extending upstream of the surface water intake.

from

measured

from

on

stream,

(C)

be

intake

314

316

shall

water

flowing

semicircular

For a groundwater source, the distance shall be

317

measured

the

surface

location

318

ordinary high water mark of the spring.

of

the

wellhead

or

the

319

The distance restrictions under this subsection (a) shall

320

be determined as conditions exist at the time of the submission

321

of the permit application under this Act and, unless specified

322

otherwise, all distances shall be measured from the closest edge

323

of the well site..

(b)

324

owner

Notwithstanding any other provision of this Section,

325

the

of

water

source

identified

326

subsection (a) of this Section that is wholly contained within

327

the owner's property may expressly agree in writing to a closer

328

well location.

14

in

paragraph

(4)

of

(c)

329

It

is

unlawful

330

fracturing

331

distillates into fresh water.

(d)

332
333

fluid,

to

It

is

produced

unlawful

inject

water,

to

or

BTEX,

perform

discharge
diesel,

any

hydraulic

or

hydraulic

petroleum

fracturing

operations by knowingly or recklessly injecting diesel.

334

Section 7. Hydraulic fracturing permit required.

335

(a)

Notwithstanding any other provision of law, a person

not

drill,

336

may

337

hydraulic

338

convert a vertical well into a horizontal well where hydraulic

339

fracturing

340

person has been issued a permit by the Department under this Act

341

and has obtained all applicable authorizations required by ss.

342

377.01-377.43, Florida Statutes.

343

(b)

deepen,

fracturing

operations

or

convert

operations

are

are

planned

in

horizontal

planned

this

or

well

where

occurring

State,

unless

or

the

If multiple wells are to be stimulated using hydraulic

344

fracturing operations from a single well site, then a separate

345

permit shall be obtained for each well at the site.

346

Section 8. Hydraulic fracturing permit application.

347

(a) Every applicant for a permit under this Act shall first

348

register with the Department at least 30 days before applying

349

for a permit. The Department shall make available a registration

350

form within 90 days after the effective date of this Act. The

351

registration form shall require the following information:

15

(1)

352
353

the name and address of the registrant and any

parent, subsidiary, or affiliate thereof;

(2)

354
an

disclosure of all findings of a serious violation

355

or

equivalent

356

regulations in the development or operation of an oil or gas

357

exploration or production site via hydraulic fracturing by the

358

applicant or any parent, subsidiary, or affiliate thereof within

359

the previous 5 years; and

(3)

360

violation

under

federal

or

state

laws

or

proof of insurance to cover injuries, damages, or

361

loss related to pollution or diminution in the amount of at

362

least

363

licensed, or permitted to do this insurance business in this

364

State.

$5,000,000,

from

an

insurance

carrier

authorized,

365

A registrant must notify the Department of any change in

366

the information identified in paragraphs (1), (2), or (3) of

367

this subsection (a) at least every six months or upon request of

368

the Department.

369

(b) Every applicant for a permit under this Act must submit

370

the following information to the Department on an application

371

form provided by the Department:

372
373
374
375

(1)

the name and address of the applicant and any

parent, subsidiary, or affiliate thereof;

(2)

the

proposed

well

name

and

address

description of the well site and its unit area;

16

and

legal

(3)

376

a statement whether the proposed location of the

377

well site is in compliance with the requirements of Section 6 of

378

this Act and a plat, which shows the proposed surface location

379

of

380

surface location of the well site to the features described in

381

subsection (a) of Section 6 of this Act;

the

well

(4)

382

site,

providing

the

distance

in

feet,

from

the

a detailed description of the proposed well to be

383

used for the hydraulic fracturing operations including, but not

384

limited to, the following information:

(A)

385
386

total

depth

to

which

the

(B)

the

proposed

angle

and

direction

of

the

(C)

the actual depth or the approximate depth at

well;

389
390

approximate

well is to be drilled or deepened;

387
388

the

which the well to be drilled deviates from vertical;

(D)

391

the angle and direction of any non-vertical

392

portion of the wellbore until the well reaches its total target

393

depth or its actual final depth; and

(E)

394
395
396

the estimated length and direction of the

proposed horizontal lateral or wellbore;

(5)

the

estimated

depth

and

elevation,

for

the

397

location of the well, of the lowest potential fresh water along

398

the entire length of the proposed wellbore;

17

(6)

399
400

fracturing

401

following:

a detailed description of the proposed hydraulic

operations,

(A)

402

the

including,

formation

but

not

affected

limited

by

the

to,

the

hydraulic

403

fracturing operations, including, but not limited to, geologic

404

name and geologic description of the formation that will be

405

stimulated by the operation;

406
407

surface

treating

pressure

(C)

the

maximum

anticipated

injection

treating

(D)

the

estimated

or

calculated

fracture

pressure of the producing and confining zones; and

(E)

412
413

anticipated

pressure;

410
411

the

range;

408
409

(B)

the

planned

depth

of

all

proposed

perforations or depth to the top of the open hole section;

(7)

414

plat showing all known previous well bores within

415

750 feet of any part of the horizontal well bore that penetrated

416

within

417

stimulated as part of the hydraulic fracturing operations;

400

vertical

feet

of

the

formation

that

will

be

418

(8) unless the applicant documents why the information

419

is not available at the time the application is submitted, a

420

chemical

421

proppant anticipated to be used in hydraulic fracturing fluid

disclosure

report

identifying

18

each

chemical

and

422

for each stage of the hydraulic fracturing operations including

423

the following:
(A)

424

the total volume of water anticipated to be

425

used in the hydraulic fracturing treatment of the well and the

426

type and total volume of the base fluid anticipated to be used

427

in the hydraulic fracturing treatment, if something other than

428

water;
(B)

429
to

be

each

hydraulic

anticipated

431

including the trade name, vendor, a detailed description of the

432

intended use or function of each hydraulic fracturing additive,

433

and the Material Safety Data Sheet (MSDS), if applicable;

(C)
added

each

the

hydraulic

chemical

including

437

and
concentration

in

for

be

chemical, the Chemical Abstracts Service number, if applicable;

anticipated

fluid,

to

436

the

base

anticipated

fluid,

intentionally

(D)

the

fracturing

435

438

to

in

additive

430

434

used

fracturing

the

each

base

439

fluid, in percent by mass, of each chemical to be intentionally

440

added to the base fluid;

441
442
443

(9)

a fresh water withdrawal and management plan that

shall include the following information:

(A)

the source of the water, such as surface or

444

groundwater, anticipated to be used for water withdrawals, and

445

the anticipated withdrawal location;

19

(B)

446
447

(C)

(D)

and

rate

of

each

the

anticipated

months

when

water

the

methods

to

be

used

to

be

used

for

minimize

water

surface

water

withdrawals as much as feasible; and

(E)

452
453

volume

withdrawals shall be made from each withdrawal location;

450
451

anticipated

water withdrawal from each withdrawal location;

448
449

the

the

methods

to

withdrawals to minimize adverse impact to aquatic life.

454

Where a surface water source is wholly contained within a

455

single property, and the owner of the property expressly agrees

456

in writing to its use for water withdrawals, the applicant is

457

not required to include this surface water source in the fresh

458

water withdrawal and management plan.

(10) a plan for the handling, storage, transportation,

459
460

and

disposal

461

hydraulic

462

specific Class II injection well or wells that will be used to

463

dispose of the hydraulic fracturing flowback. The plan shall

464

describe the capacity of the tanks to be used for the capture

465

and storage of flowback and of the lined reserve pit to be used,

466

if necessary, to temporarily store any flowback in excess of the

467

capacity of the tanks. Identification of the Class II injection

468

well

or

or

reuse

fracturing

wells

shall

of

hydraulic

flowback.

be

by

The

name,

20

fracturing

plan

shall

identification

fluids

and

identify

the

number,

and

469

specific location and shall include the date of the most recent

470

mechanical integrity test for each Class II injection well;

471

(11) a well site safety plan to address proper safety

472

measures to be employed during hydraulic fracturing operations

473

for the protection of persons on the site as well as the general

474

public.

475

application to the Department, the applicant must provide a copy

476

of

477

fracturing operations will occur. Within 5 calendar days of its

478

receipt, the Department shall provide a copy of the well site

479

safety plan to the Office of the State Fire Marshal;

Within

the

plan

to

(12) a

480

15

calendar

the

days

county

containment

or

after

submitting

counties

plan

in

describing

the

which

the

permit

hydraulic

containment

481

practices and equipment to be used and the area of the well site

482

where

483

calendar days of its receipt, the Department shall provide a

484

copy of the containment plan to the Office of the State Fire

485

Marshal;

containment

systems

will

be

employed,

and

within

486

(13) a casing and cementing plan that describes the

487

casing and cementing practices to be employed, including the

488

size of each string of pipe, the starting point, and depth to

489

which each string is to be set and the extent to which each

490

string is to be cemented;

491

(14) a

492

traffic

management

plan

that

identifies

the

anticipated roads, streets, and highways that will be used for

21

493

access to and egress from the well site. The traffic management

494

plan will include a point of contact to discuss issues related

495

to traffic management. Within 15 calendar days after submitting

496

the permit application to the Department, the applicant must

497

provide a copy of the traffic management plan to the county or

498

counties

499

calendar days of its receipt, the Department shall provide a

500

copy of the traffic management plan to the Office of the State

501

Fire Marshal;

in

which

the

well

site

is

located,

and

within

(15) the names and addresses of all owners of any real

502
503

property

504

disclosed by the records in the office of the recorder of the

505

county or counties;

1,500

feet

of

the

proposed

well

site,

as

(16) drafts of the specific public notice and general

506
507

within

public notice as required by Section 9 of this Act;

(17) statement

508

fracturing

that

the

operation

well

will

be

site

at

which

conducted

will

the

509

hydraulic

be

510

restored in compliance with ss. 377.01-377.43, Florida Statutes

511

and Section 25 of this Act;

512

(18) proof of insurance to cover injuries, damages, or

513

loss related to pollution in the amount of at least $5,000,000;

514

and

515
516

(19) any

other

relevant

Department may, by rule, require.

22

information

which

the

(c)

517

Where

an

application

is

made

to

conduct

hydraulic

518

fracturing operations at a well site located within the limits

519

of

520

application shall state the name of the county, city, village,

521

or incorporated town and be accompanied with a certified copy of

522

the official consent for the hydraulic fracturing operations to

523

occur from the municipal authorities where the well site is

524

proposed to be located. No permit shall be issued unless consent

525

is

526

delivered

527

location is selected, the original permit shall not be valid

528

unless

529

location.

530

any

county,

secured

(d)

and

to

city,

filed

the

new

village,

with

Department.

certified

the
In

consent

or

incorporated

permit
the

is

town,

application

event

filed

that

for

that

an

the

is

amended

the

amended

The hydraulic fracturing permit application shall be

531

accompanied by a bond as required by subsection (a) of Section

532

15 of this Act.

533

(e)

Each application for a permit under this Act shall

534

include payment of a non-refundable fee of $10,000. The fee

535

shall be deposited into the Hydraulic Fracturing Fund for the

536

Department

to

537

Department

shall

538

application until the applicable fee under this subsection (e)

539

has been submitted to and received by the Department.

use

to

administer

not

initiate

23

and
its

enforce
review

this
of

Act.

the

The

permit

(f)

540

Each

application

submitted

under

this

Act

shall

be

541

signed, under the penalty of perjury, by the applicant or the

542

applicant's designee who has been vested with the authority to

543

act on behalf of the applicant and has direct knowledge of the

544

information contained in the application and its attachments.

545

Any person signing an application shall also sign an affidavit

546

with the following certification:

"I certify, under penalty of perjury as provided by law and

547
548

under

penalty

549

hydraulic

550

attachments are true, accurate, and complete to the best of my

551

knowledge."
(g)

552

of

refusal,

fracturing

The

that

application
electronic

this

shall

Department

554

electronic format shall be searchable.

(h)

both

permit,

553

555

in

permit

suspension,

and

or

revocation

application

be

hard

and

submitted
copy

of

a
all

to

the

format.

The

The application for a hydraulic fracturing permit may

556

be

submitted

as

557

operator's application to drill on a form as the Department

558

shall

559

information required in this Section. If the operator elects to

560

submit a combined permit application, information required by

561

this Section that is duplicative of information required for an

562

application to drill is only required to be provided once as

563

part of the combined application. The submission of a combined

prescribe.

The

combined

permit

combined

24

application

application

must

with

include

the

the

564

permit

application

565

interpreted

566

complying

567

377.43, Florida Statutes.

(i)

568

to

under

relieve

with

the

this

the

subsection

applicant

requirements

of

shall

not

or

the

Department

this

Act

or

ss.

be
from

377.01-

Upon receipt of a permit application, the Department

569

shall

have

570

receives the permit application to approve, with any conditions

571

the Department may find necessary, or reject the application for

572

the hydraulic fracturing permit. The applicant may waive, in

573

writing,

574

response to a request by the Department.

(j)

575

no

the

more

90-day

than

90

calendar

deadline

upon

days

its

from

own

the

date

initiative

or

it

in

If at any time during the review period the Department

576

determines that the permit application is not complete under

577

this Act, does not meet the requirements of this Section, or

578

requires additional information, the Department shall notify the

579

applicant in writing of the application's deficiencies and allow

580

the

581

Department

582

application.

If

583

supplemental

information

584

Department may reject the application.

applicant

to

any

correct

the

information
the

requested

applicant
within

585

Section 9. Public notice.

586

(a)

587

deficiencies

fails
the

and

to
to

provide

complete

provide

review

the
the

adequate

period,

the

Within 5 calendar days after the Department's receipt

of the hydraulic fracturing application, the Department shall

25

588

post notice of its receipt and a copy of the permit application

589

on its website. The notice shall include the dates of the public

590

comment period and directions for interested parties to submit

591

comments.

592

(b)

Within 5 calendar days after the Department's receipt

593

of the permit application and notice to the applicant that the

594

hydraulic

595

Department shall provide the Office of the State Fire Marshal,

596

and the Florida Fish and Wildlife Conservation Commission with

597

notice of the application.

598
599

(c)

fracturing

permit

application

shall

provide

was

the

received,

following

the

The

applicant

public

(1)

Applicants shall mail specific public notice by

notice:

600
601

U.S. Postal Service certified mail, return receipt requested,

602

within

603

fracturing permit application to the Department, to all persons

604

identified as owners of real property within 1,500 feet of the

605

proposed well site, as disclosed by the records in the office of

606

the recorder of the county or counties, and to each municipality

607

and county in which the well site is proposed to be located.

608

calendar

(2)

days

after

submittal

of

the

hydraulic

Except as otherwise provided in this paragraph

609

(2) of subsection (c), applicants shall provide general public

610

notice by publication, once each week for 2 consecutive weeks,

611

beginning no later than 3 calendar days after submittal of the

26

612

hydraulic fracturing permit application to the Department, in a

613

newspaper of general circulation published in each county where

614

the

615

proposed to be located. If a well is proposed for hydraulic

616

fracturing

617

newspaper

618

general public notice, by publication, once each week for 2

619

consecutive weeks, in a weekly newspaper of general circulation

620

in that county beginning as soon as the publication schedule of

621

the weekly newspaper permits, but in no case later than 10 days

622

after submittal of the hydraulic fracturing permit application

623

to the Department.

well

for

operations
of

general

hydraulic

in

fracturing

county

where

circulation,

operations

there

applicant

is
shall

no

daily

provide

under this subsection shall contain the following information:

626

(A)

the name and address of the applicant;

627

(B)

the

628

is

(3) The specific and general public notices required

624
625

proposed

date

the

application

for

hydraulic

fracturing permit was filed;

(C)

629

the dates for the public comment period and

630

a statement that anyone may file written comments about any

631

portion of the applicant's submitted hydraulic fracturing permit

632

application

633

period;

with

the

Department

27

during

the

public

comment

634
by

(D)

the

proposed

the

Department,

well

assigned

636

description of the well site and its unit area;

(E)

the

reference

635

637

and

name,

address

number

and

legal

a statement that the information filed by

638

the applicant in their application for a hydraulic fracturing

639

permit is available from the Department through its website;

(F)

640
641

the Department's website and the address and

telephone number for the Department's Oil and Gas Division;

(G)

642

statement

that

any

person

having

an

643

interest that is or may be adversely affected, any government

644

agency that is or may be affected, or the county board of a

645

county to be affected under a proposed permit, may file written

646

objections to a permit application and may request a public

647

hearing.

648

(d)

After providing the public notice as required under

649

paragraph (2) of subsection (c) of this Section, the applicant

650

shall

651

Department

652

applicant

653

Section.

654

applicant has provided the supplemental material required under

655

this subsection.

656
657

supplement

(e)

with

its
a

If

application

certification

fulfilled
The

permit

the

Department

multiple

public
shall

and

applications

requirements

issue

are

providing

documentation

notice
not

by

permit

submitted

at

the

that

the

of

this

until

the

the

same

time for wells located on the same well site, the applicant may
28

658

use one public notice for all applications provided the notice

659

is clear that it pertains to multiple applications and conforms

660

to the requirements of this Section. Notice shall not constitute

661

standing for purposes of requesting a public hearing

662

standing to appeal the decision of the Department in accordance

663

with the Administrative Procedure Act.

664

Section 10. Public comment periods.

665

(a)

or for

The public comment period shall begin 7 calendar days

666

after the Department's receipt of the permit application and

667

last for 30 calendar days.

668

(b)

Where a public hearing is conducted under Section 10

669

of this Act, the Department may provide for an additional public

670

comment period of 15 days as necessary to allow for comments in

671

response to evidence and testimony presented at the hearing. The

672

additional public comment period shall begin on the day after

673

the public hearing.

674

(c)

During any public comment period, any person may file

675

written comments to the Department concerning any portion of the

676

permit application and any issue relating to the applicants

677

compliance

678

applicable laws.

679

(d)

with

the

requirements

of

the

Act

and

any

other

The Department may request that the applicant respond

680

to any substantive public comments obtained during the public

681

comment period.
29

682

Section 11. Hydraulic fracturing permit; hearing.

683

(a)

When

permit

686

may be adversely affected, any government agency that is or may

687

be affected, or the county board of a county to be affected

688

under a proposed permit, may file written objections to the

689

permit application and may request a public hearing during the

690

public

691

Section 9 of this Act. The request for hearing shall contain a

692

short and plain statement identifying the person and stating

693

facts demonstrating that the person has an interest that is or

694

may be adversely affected. The Department shall hold a public

695

hearing upon a request under this subsection, unless the request

696

is determined by the Department to (i) lack an adequate factual

697

statement that the person is or may be adversely affected or

698

(ii) be frivolous.
(b)

under

first

conduct

particular well site, any person having an interest that is or

established

the

to

685

period

for

submitted

hydraulic

comment

operations

is

684

699

fracturing

application

time

subsection

at

(a)

of

Prior to the commencement of a public hearing under

700

this Section, any person who could have requested the hearing

701

under subsection (a) of this Section may petition the Department

702

to participate in the hearing in the same manner as the party

703

requesting the hearing. The petition shall contain a short and

704

plain

705

demonstrating that the petitioner is a person having an interest

statement

identifying

the

30

petitioner

and

stating

facts

706

that is or may be adversely affected. The petitioner shall serve

707

the

708

determines

709

petitioner has failed to allege facts in support of an interest

710

that is or may be adversely affected, the petitioner shall be

711

allowed to participate in the hearing in the same manner as the

712

party requesting the hearing.

petition

(c)

713

upon

that

the

the

Department.

petition

is

Unless

the

frivolous,

or

Department
that

the

The Department shall establish rules and procedures to

714

determine

715

granted in accordance with subsection (a) of this Section, and

716

for

717

procedural rules shall include provisions for reasonable notice

718

to (i) the public and (ii) all parties to the proceeding, which

719

include the applicant, the persons requesting the hearing, and

720

the persons granted the right to participate in the hearing

721

pursuant

722

qualifications, powers, and obligations of the hearing officer,

723

and for reasonable opportunity for all the parties to provide

724

evidence and argument, to respond by oral or written testimony

725

to statements and objections made at the public hearing, and for

726

reasonable cross-examination of witnesses. County boards and the

727

public may present their written objections or recommendations

728

at the public hearing. A complete record of the hearings and all

729

testimony

the

whether

notice

to

any

and

request

conduct

subsection

shall

be

made

for

of

(b)

the

of

by

the
31

public

hearing

public

this

hearing.

Section,

Department

may

and

for

be

These

the

recorded

730

stenographically or electronically. The complete record shall be

731

maintained

732

Department's

733

performance bond.

734

and

shall

website

be

accessible

until

final

to

the

release

of

public
the

on

the

applicant's

(d) At least 10 calendar days before the date of the public

735

hearing,

the

Department

736

hearing in a newspaper of general circulation published in the

737

county where the proposed well site will be located.

738

Section

739

judicial review.

740

(a)

12.

The

shall

Hydraulic

Department

publish

fracturing

shall

issue

notice

permit;

of

the

public

determination;

hydraulic

fracturing

741

permit, with any conditions the Department may find necessary,

742

only if the record of decision demonstrates that:

743
744
745
746
747

(1)

this Act have been satisfied;

(2)

the application meets the requirements of Section

8 of this Act;
(3)

748

application

749

effective;

750

the well location restrictions of Section 6 of

the

under

(4)

plans

required

Section

of

to
this

be
Act

submitted
are

with

the

adequate

and

the proposed hydraulic fracturing operations will

751

be conducted in a manner that will protect the public health and

752

safety and prevent pollution or diminution of any water source;

32

(5)

753
754

the work plan required under Section 19 of this

Act has been submitted to the Department;

(6)

755

the

applicant

or

any

parent,

subsidiary,

or

756

affiliate thereof has not failed to abate a violation of this

757

Act or the ss. 377.01-377.43, Florida Statutes;

(7)

758

of

the

Class

injection

be

for

with

all

applicable

761

including that the well has been tested within the previous 5

762

years; and
(8)

765

for

mechanical

comply

used

760

requirements

flowback

to

disposal

763

fracturing

wells

759

764

hydraulic

II

integrity

testing,

there is no good cause to deny the permit under

subsection (a) of Section 14 of this Act.

(b)

For
the

the

purpose

permit,

767

record of decision shall include:

(1)

the

shall

determining

766

768

Department

of

consider

application

for

the

whether

and

to

the

issue

Department's

hydraulic

fracturing

769

permit, including all documentation required by Section 8 of

770

this Act;

771

(2)

all written comments received during the public

772

comment periods and, if applicable, the complete record from the

773

public hearing held under Section 11 of this Act;

774
775

(3)

all

information

provided

response to any public comments; and

33

by

the

applicant

in

(4)

776

any information known to the Department as the

777

public entity responsible for regulating hydraulic fracturing

778

operations, including, but not limited to, inspections of the

779

proposed well site as necessary to ensure adequate review of the

780

application.

781

(c)

The

Department

shall,

by

U.S.

Mail

and

electronic

782

transmission, provide the applicant with a copy of the hydraulic

783

fracturing permit as issued or its final administrative decision

784

denying the permit to the applicant and shall, by U.S. Mail or

785

electronic transmission, provide a copy of the permit as issued

786

or the final administrative decision to any person or unit of

787

local

788

Section 8 of this Act or submitted comments or participated in

789

any public hearing under Section 10 of this Act.

government

(d)

790

The

who

received

Department's

fracturing

specific

decision
shall

notice

to

approve

or

be

considered

under

deny

hydraulic

792

administrative

793

Administrative Procedure Act and the rules adopted under that

794

Law.

subject

to

judicial

review

791

decision

permit

public

final

under

the

795

(e)

Following completion of the Department's review and

796

approval

797

whether an individual hydraulic fracturing permit was approved

798

or denied and provide a copy of the approval or denial.

process,

the

Department's

34

website

shall

indicate

Section

799
800

13.

Hydraulic

fracturing

permit;

conditions;

restriction; modifications.
(a)

801

Each permit issued by the Department under this Act

802

shall require the permittee to comply with all provisions of

803

this Act and all other applicable local, State, and federal

804

laws, rules, and regulations in effect at the time the permit is

805

issued. All plans submitted with the application under Section 8

806

shall be conditions of the permit.

(b)

807

permit

issued

under

this

Act

shall

continue

in

808

effect until plugging and restoration in compliance with this

809

Act and ss. 377.01-377.43, Florida Statutes are completed to the

810

Department's

811

another person without approval of the Department.

(c)

812

No

satisfaction.

permit

No

issued

permit

under

this

may

Act

be

transferred

may

be

to

modified

813

without approval of the Department. If the Department determines

814

that

815

deviation from the terms of the original application and permit

816

approval, or presents a serious risk to public health, life,

817

property,

818

provide

819

required under Sections 10 and 11 of this Act. The Department

820

shall

821

opportunity for comment and hearing to the persons who received

822

specific public notice under Section 9 of this Act and shall

the

proposed

aquatic

the

modifications

life,

or

opportunities

provide

notice

of

constitute

wildlife,

for

the

35

notice,

the

Department

comment,

proposed

significant

and

shall
hearing

modification

and

823

publish the notice and the proposed modification on its website.

824

The

825

permit modification.

826
827
828

Department

Section

shall

14.

adopt

rules

Hydraulic

regarding

procedures

fracturing

permit;

for

denial,

suspension, or revocation.
(a)

The Department may suspend, revoke, or refuse to issue

829

a hydraulic fracturing permit under this Act for one or more of

830

the following causes:

831

(1)

providing

incorrect,

misleading,

incomplete,

or

832

materially untrue information in a permit application or any

833

document required to be filed with the Department;

834

(2)

violating any condition of the permit;

835

(3)

violating

836
837

any

provision

of

or

any

regulation

adopted under this Act or ss. 377.01-377.43, Florida Statutes.;

(4)

using

fraudulent,

coercive,

or

dishonest

838

practices, or demonstrating incompetence, untrustworthiness, or

839

financial irresponsibility in the conduct of business in this

840

State or elsewhere;

841

(5)

having

hydraulic

fracturing

permit,

or

its

842

equivalent, revoked in any other state, province, district, or

843

territory for incurring a material or major violation or using

844

fraudulent or dishonest practices; or

845
846

(6)

an emergency condition exists under which conduct

of the hydraulic fracturing operations would pose a significant

36

847

hazard

to

848

environment.

849

(b)

850

revoked,

851

including a statement of the reasons for the action, either

852

personally or by certified mail, receipt return requested, to

853

the permittee.
(c)

854

public

In

health,

every

the

The

case

Department

order

of

aquatic

in

which

shall

life,

serve

suspension

or

wildlife,

permit
notice

is

the

suspended

of

revocation

or

its

of

or

action,

permit

855

shall take effect upon issuance of the order. The permittee may

856

request, in writing, within 30 days after the date of receiving

857

the notice, a hearing. Except as provided under subsection (d)

858

of this Section, in the event a hearing is requested, the order

859

shall remain in effect until a final order is entered pursuant

860

to the hearing.
(d)

861

The

stayed

order

suspension

the public health, aquatic life, wildlife, or the environment if

865

the operation is allowed to continue.

be

held

at

and

permit

864

shall

permittee

submitted demonstrating that there is no significant threat to

hearing

the

of

863

The

by

revocation

maybe

(e)

requested

or

862

866

if

of

time

evidence

and

is

place

867

designated by the Department. The Director of the Department or

868

any administrative law judge designated by him or her have the

869

power to administer oaths and affirmations, subpoena witnesses

870

and

compel

their

attendance,

take
37

evidence,

and

require

the

871

production of books, papers, correspondence, and other records

872

or information that he or she considers relevant or material.

(f)

873
874

The costs of the administrative hearing shall be set

by rule and shall be borne by the permittee.

(g)

875

The

Department's

decision

to

suspend

or

revoke

876

hydraulic fracturing permit is subject to judicial review under

877

the Administrative Procedure Act.

Section 15. Hydraulic fracturing permit; bonds.

878
879

(a) An applicant for a hydraulic fracturing permit under

880

this Act shall provide a bond, executed by a surety authorized

881

to transact business in this State. The bond shall be in the

882

amount of $500,000 per permit. In lieu of a bond, the applicant

883

may

884

certificates of deposit, or irrevocable letters of credit under

885

the terms and conditions as the Department may provide by rule.

886

The

887

security

888

particular well or wells where the circumstances indicate that

889

the standard condition and amount would not be sufficient to

890

cover a reasonable estimate of potential liability for damages

891

to persons or property.

892

provide

other

Department

(b)

in

shall

addition

collateral

require
to

the

securities

larger

single

or

well

such

separate
or

as

cash,

bond

security

for

or
a

Liability under the bond shall continue until the well

893

has been properly plugged in accordance with this act and for a

894

period of one year after filing of the certificate of plugging

38

895

with the Department. The bond or other collateral securities

896

shall remain in force until the well is plugged and abandoned.

897

Upon abandoning a well to the satisfaction of the Department and

898

in accordance with ss. 377.01-377.43, Florida Statutes, the bond

899

or other collateral securities shall be promptly released by the

900

Department. Upon the release by the Department of the bond or

901

other collateral securities, any cash or collateral securities

902

deposited shall be returned by the Department to the applicant

903

who deposited it.

904

(c)

If,

after

notice

and

hearing,

the

Department

905

determines that any of the requirements of this Act or rules

906

adopted under this Act or the orders of the Department have not

907

been complied with within the time limit set by any notice of

908

violation issued under this Act, the permittee's bond or other

909

collateral securities shall be forfeited. Forfeiture under this

910

subsection shall not limit any duty of the permittee to mitigate

911

or remediate harms or foreclose enforcement by the Department.

912

In no way will payment under this bond exceed the aggregate

913

penalty as specified.

914

(d)

When

any

bond

or

other

collateral

security

is

915

forfeited under the provisions of this Act or rules adopted

916

under

917

without delay. The surety shall have 30 days to submit payment

this

Act,

the

Department

39

shall

collect

the

forfeiture

918

for the bond after receipt of notice by the permittee of the

919

forfeiture.
(e)

920

All forfeitures shall be deposited in the Department

921

of Environmental Protection Petroleum Trust Account to be used,

922

as necessary, to mitigate or remediate violations of this Act or

923

rules adopted under this Act.

924

Section 16. Well preparation, construction, and drilling.

925

(a)

This Section shall apply to all horizontal wells that

926

are to be completed using hydraulic fracturing operations under

927

a hydraulic fracturing permit. The requirements of this Section

928

shall be in addition to any other laws or rules regarding wells

929

and well sites.

(b)

930

Site preparation standards shall be as follows:

(1)

931
far

as

The access road to the well site must be located

932

as

933

assembly, and property lines of unleased property.

(2)

934

practical

Unless

from

occupied

otherwise

structures,

approved

or

places

directed

by

of

the

935

Department, all topsoil stripped to facilitate the construction

936

of the well pad and access roads must be stockpiled, stabilized,

937

and

938

reclamation.

939

reclamation shall take place in excess of one year from drilling

940

the well the topsoil may be disposed of in any lawful manner

remain

on

site

In

the

for

use

event

it

in
is

40

either

partial

anticipated

that

or

final

the

final

941

provided the operator reclaims the site with topsoil of similar

942

characteristics of the topsoil removed.

(3)

943

Piping, conveyances, valves, and tanks in contact

944

with hydraulic fracturing fluid, hydraulic fracturing flowback,

945

or produced water must be constructed of materials compatible

946

with

947

hydraulic fracturing flowback, and produced water.

the

composition

(4)

948

The

of

the

improvement,

hydraulic

fracturing

construction,

or

fluid,

repair

of

949

publicly owned highway or roadway, if undertaken by the owner,

950

operator,

permittee,

951

performed

using

952

Department of Transportation rules governing local roads.

953

(c)

954
955

any

bidding

other

procedures

private

entity,

outlined

in

shall

the

be

Florida

Site maintenance standards shall be as follows:

(1)

Secondary containment is required for all fueling

(2)

Fueling tanks shall be subject to Section 6 of

(3)

Fueling

tanks.

956
957

or

this Act.

958

tank

filling

operations

shall

be

959

supervised at the fueling truck and at the tank if the tank is

960

not visible to the fueling operator from the truck.

(4)

961

the

Troughs,

drip

are

required

tank

during

filling

within

the

operations

964

containment required by paragraph (1) of this subsection.

port

fueling

pans

963

fill

of

or

beneath

the

port

pads,

962

if

fill

drip

is

41

not

secondary

(d)

965

All

wells

shall

be

constructed,

and

casing

and

966

cementing activities shall be conducted, in a manner that shall

967

provide

968

migration of oil, gas, and other fluids into the fresh water and

969

coal seams, and prevent pollution or diminution of fresh water.

970

In addition to any of the Department's casing and cementing

971

requirements, the following shall apply:

(1)

972
973

for

control

of

the

well

at

all

times,

prevent

the

All casings must conform to the current industry

standards published by the American Petroleum Institute.

(2)

974
the

Casing thread compound and its use must conform

975

to

current

976

Petroleum Institute.
(3)

977

industry

standards

published

by

the

American

Surface casing shall be centralized at the shoe,

978

above and below a stage collar or diverting tool, if run, and

979

through usable-quality water zones. In non-deviated holes, pipe

980

centralization as follows is required: a centralizer shall be

981

placed every fourth joint from the cement shoe to the ground

982

surface or to the bottom of the cellar. All centralizers shall

983

meet

984

Specification for Bow-Spring Casing Centralizers; API Spec 10

985

TR4, Technical Report on Considerations Regarding Selection of

986

Centralizers for Primary Cementing Operations; and API RP 10D-2,

987

Recommended Practice for Centralizer Placement and Stop Collar

988

Testing. The Department may require additional centralization as

specifications

in,

or

equivalent

42

to,

API

spec

10D,

989

necessary

to

ensure

990

adequate. All centralizers must conform to the current industry

991

standards published by the American Petroleum Institute.

(4)

992

the

integrity

of

the

well

design

is

Cement must conform to current industry standards

993

published by the American Petroleum Institute and the cement

994

slurry must be prepared to minimize its free water content in

995

accordance with the current industry standards published by the

996

American Petroleum Institute; the cement must also:

997

(A)

secure the casing in the wellbore;

998

(B)

isolate and protect fresh groundwater;

999

(C)

isolate

zones,

1000

circulation

1001

hydrocarbon and fluid-bearing zones;

(D)

1002
1003

(E)

potential

flow

zones,

zones

lost

including

properly control formation pressure and any

protect

the

casing

from

corrosion

and

degradation; and
(F)

1006
(5)

1007

must

prevent gas flow in the annulus.

Prior

borehole

1009

adequate cement bond.

(6)

1010

be

to

1008

1011

any

pressured

pressure from drilling, completion and production;

1004
1005

and

abnormally

cementing

circulated

and

any

casing

conditioned

string,
to

ensure

the
an

A pre-flush or spacer must be pumped ahead of the

cement.

43

(7)

1012
1013

The cement must be pumped at a rate and in a flow

regime that inhibits channeling of the cement in the annulus.

(8)

1014

Cement

compressive

strength

tests

must

be

1015

performed on all surface, intermediate, and production casing

1016

strings;

1017

operator shall wait on cement to set until the cement achieves a

1018

calculated

1019

square inch, and a minimum of 8 hours before the casing is

1020

disturbed

1021

preventer. The cement shall have a 72-hour compressive strength

1022

of at least 1,200 psi, and the free water separation shall be no

1023

more than 6 milliliters per 250 milliliters of cement, tested in

1024

accordance with current American petroleum Institute standards.

after

cement

compressive

in

(9)

1025

the

any

is

placed

strength

way,

of

including

behind

at

the

least

installation

casing,

500

of

pounds

the

per

blowout

A copy of the cement job log for any cemented

1026

casing string in the well shall be maintained in the well file

1027

and available to the Department upon request.

1028

(10) Surface casing shall be used and set to a depth

1029

of at least 200 feet, or 100 feet below the base of the deepest

1030

fresh water, whichever is deeper, but no more than 200 feet

1031

below

1032

encountering any hydrocarbon-bearing zones. The surface casing

1033

must be run and cemented as soon as practicable after the hole

1034

has been adequately circulated and conditioned.

the

base

of

the

deepest

44

fresh

water

and

prior

to

(11) The Department must be notified at least 24 hours

1035
1036

prior

to

1037

must

1038

Cementing must be by the pump and plug method with a minimum of

1039

25% excess cement with appropriate lost circulation material,

1040

unless

1041

Department. If cement returns are not observed at the surface,

1042

the operator must perform remedial actions as appropriate.

be

surface
fully

casing

cemented

another

amount

cementing
to

of

surface

excess

(12) Intermediate

1043

the

operations.
with

cement

casing

is

must

Surface
excess

cements.

approved

be

casing

by

installed

the

when

1044

necessary to isolate fresh water not isolated by surface casing

1045

and to seal off potential flow zones, anomalous pressure zones,

1046

lost circulation zones and other drilling hazards.

1047

Intermediate casing must be set to protect fresh water if

1048

surface

1049

water, if additional fresh water was found below the surface

1050

casing shoe, or both. Intermediate casing used to isolate fresh

1051

water must not be used as the production string in the well in

1052

which it is installed, and may not be perforated for purposes of

1053

conducting a hydraulic fracture treatment through it.

1054

casing

When

was

set

intermediate

above

casing

the

is

base

of

the

installed

to

deepest

protect

fresh

fresh

1055

water, the operator shall set a full string of new intermediate

1056

casing at least 100 feet below the base of the deepest fresh

1057

water

1058

intermediate

and

bring

cement

casing

was

to
set

the

surface.

solely
45

to

In

instances

protect

fresh

where
water

1059

encountered below the surface casing shoe, and cementing to the

1060

surface

1061

circulation, or both, cement must be brought to a minimum of 600

1062

feet above the shallowest fresh water zone encountered below the

1063

surface casing shoe or to the surface if the fresh water zone is

1064

less than 600 feet from the surface. The location and depths of

1065

any hydrocarbon-bearing zones or fresh water zones that are open

1066

to

1067

coring, electric logs, or testing and must be reported to the

1068

Department.

the

is

technically

wellbore

above

infeasible,

the

casing

would

shoe

must

result

be

in

lost

confirmed

by

1069

In the case that intermediate casing was set for a reason

1070

other than to protect strata that contains fresh water, the

1071

intermediate casing string shall be cemented from the shoe to a

1072

point at least 600 true vertical feet above the shoe. If there

1073

is a hydrocarbon bearing zone capable of producing exposed above

1074

the intermediate casing shoe, the casing shall be cemented from

1075

the shoe to a point at least 600 true vertical feet above the

1076

shallowest hydrocarbon bearing zone or to a point at least 200

1077

feet above the shoe of the next shallower casing string that was

1078

set and cemented in the well (or to the surface if less than 200

1079

feet).

1080

(13) The

Department

must

be

notified

prior

to

1081

intermediate casing cementing operations. Cementing must be by

1082

the pump and plug method with a minimum of 25% excess cement. A
46

1083

radial cement bond evaluation log, or other evaluation approved

1084

by the Department, must be run to verify the cement bond on the

1085

intermediate

1086

cement bond is not adequate for drilling ahead.

casing.

Remedial

cementing

is

required

if

the

1087

(14) Production casing must be run and fully cemented

1088

to 500 feet above the top perforated zone, if possible. The

1089

Department

1090

production casing cementing operations. Cementing must be by the

1091

pump and plug method with a minimum of 25% excess cement.

must

be

(15) At

1092

notified

any

time,

at

least

the

24

hours

Department,

prior

as

it

to

deems

1093

necessary, may require installation of an additional cemented

1094

casing string or strings in the well.

(16) After

1095

except

setting

mud, or brine to no less than 0.22 psi per foot of casing string

1099

length or 1,500 psi, whichever is greater but not to exceed 70%

1100

of the minimum internal yield, for at least 30 minutes with less

1101

than a 5% pressure loss, except that any casing string that will

1102

have pressure exerted on it during stimulation of the well shall

1103

be

1104

pressure. If the pressure declines more than 5% or if there are

1105

other indications of a leak, corrective action shall be taken

1106

before

conducting

further

maximum

drilling
47

and

anticipated

hydraulic

to

casing

1098

the

prior

drilling, the casing string shall be tested with fresh water,

least

and

of

1097

at

casing,

cementing

string,

to

conductor

and

1096

tested

the

the

further

treatment

fracturing

1107

operations. The operator shall contact the Department's District

1108

Office for any county in which the well is located at least 24

1109

hours prior to conducting a pressure test to enable an inspector

1110

to be present when the test is done. A record of the pressure

1111

test must be maintained by the operator and must be submitted to

1112

the Department on a form prescribed by the Department prior to

1113

conducting hydraulic fracturing operations. The actual pressure

1114

must not exceed the test pressure at any time during hydraulic

1115

fracturing operations.
(17) Any

1116

hydraulic

fracturing

string

used

in

the

1117

hydraulic fracturing operations must be either strung into a

1118

production liner or run with a packer set at least 100 feet

1119

below the deepest cement top and must be tested to not less than

1120

the

1121

pressure applied between the hydraulic fracturing string and the

1122

production

1123

considered successful if the pressure applied has been held for

1124

30 minutes with no more than 5% pressure loss. A function-tested

1125

relief valve and diversion line must be installed and used to

1126

divert flow from the hydraulic fracturing string-casing annulus

1127

to

1128

fracturing string failure. The relief valve must be set to limit

1129

the annular pressure to no more than 95% of the working pressure

1130

rating of the casings forming the annulus. The annulus between

maximum

anticipated

or

covered

immediate

watertight

treating

casing.

steel

48

pressure

The

tank

minus

pressure

in

case

the

test

of

annulus

shall

be

hydraulic

1131

the hydraulic fracturing string and casing must be pressurized

1132

to at least 250 psi and monitored.

1133

(18) After a successful pressure test under paragraph

1134

(16) of this subsection, a formation pressure integrity test

1135

must

1136

intermediate casing. The operator shall notify the Department's

1137

District Office for any county in which the well is located at

1138

least

1139

integrity test to enable an inspector to be present when the

1140

test is done. A record of the pressure test must be maintained

1141

by the operator and must be submitted to the Department on a

1142

form prescribed by the Department prior to conducting hydraulic

1143

fracturing operations. The actual hydraulic fracturing treatment

1144

pressure must not exceed the test pressure at any time during

1145

hydraulic fracturing operations.

be

conducted

24

hours

below

prior

the

to

surface

casing

conducting

and

formation

below

all

pressure

(e) Blowout prevention standards shall be set as follows:

1146

(1)

1147

The

operator

shall

use

blowout

prevention

1148

equipment after setting casing with a competent casing seat.

1149

Blowout prevention equipment shall be in good working condition

1150

at all times.

1151

(2)

The operator shall use pipe fittings, valves, and

1152

unions placed on or connected to the blow-out prevention systems

1153

that

1154

anticipated pressures.

have

working

pressure

49

capability

that

exceeds

the

(3)

1155

During

all

drilling

and

completion

operations

1156

when a blowout preventer is installed, tested, or in use, the

1157

operator

1158

present at the well site and that person or personnel shall have

1159

a current well control certification from an accredited training

1160

program that is acceptable to the Department. The certification

1161

shall

1162

Department upon request.

or

be

operator's

available

(4)

1163

designated

at

the

Appropriate

well

representative

site

pressure

and

shall

provided

control

to

procedures

be

the

and

1164

equipment in proper working order must be properly installed and

1165

employed

1166

including tripping, logging, running casing into the well, and

1167

drilling out solid-core stage plugs.

while

(5)

1168

conducting

Pressure

drilling

testing

of

and

the

completion

blowout

operations

preventer

and

1169

related equipment for any drilling or completion operation must

1170

be

1171

current industry standards published by the American Petroleum

1172

Institute.

1173

testing after the blowout preventer is installed on the well but

1174

prior to drilling below the last cemented casing seat. Pressure

1175

control equipment, including the blowout preventer, that fails

1176

any pressure test shall not be used until it is repaired and

1177

passes the pressure test.

performed.

Testing

Testing

must

of

the

be

conducted

blowout

50

in

preventer

accordance

shall

with

include

(6)

1178

remote

blowout

preventer

actuator,

that

is

1179

powered by a source other than rig hydraulics, shall be located

1180

at least 50 feet from the wellhead and have an appropriate rated

1181

working pressure.

1182

Section 17. Hydraulic fracturing operations.

1183

(a)

General.
(1)

1184

During

all

phases

of

hydraulic

fracturing

1185

operations, the permittee shall comply with all terms of the

1186

permit.
(2)

1187

All

phases

of

hydraulic

fracturing

operations

1188

shall be conducted in a manner that shall not pose a risk to

1189

public health, life, property, aquatic life, or wildlife.

(3)

1190

The

permittee

shall

notify

the

Department

by

1191

phone, electronic communication, or letter, at least 48 hours

1192

prior to the commencement of hydraulic fracturing operations.

(b)

1193

Integrity tests and monitoring.

(1)

1194

Before the commencement of hydraulic fracturing

1195

operations,

all

1196

subsection

1197

successfully completed.

1198

(2)

(d)

mechanical
of

Section

Prior

and

this

commencing

hydraulic

be

fracturing

1201

or

wellhead
51

fracturing

must

injection lines and manifold, associated valves, fracture head

other

hydraulic

subsection

under

1200

any

of

required

operations

and

pumping

16

tests

1199

tree

and

to

integrity

component

or

fluid,

connection

the

not

1202

previously tested must be tested with fresh water, mud, or brine

1203

to at least the maximum anticipated treatment pressure for at

1204

least 30 minutes with less than a 5% pressure loss. A record of

1205

the pressure test must be maintained by the operator and made

1206

available to the Department upon request. The actual hydraulic

1207

fracturing treatment pressure must not exceed the test pressure

1208

at any time during hydraulic fracturing operations.

(3)

1209

The

pressure

exerted

on

treating

equipment

1210

including valves, lines, manifolds, hydraulic fracturing head or

1211

tree, casing and hydraulic fracturing string, if used, must not

1212

exceed

1213

component.

1214

exceed the test pressure of any given component at any time

1215

during hydraulic fracturing operations.

95%

of

working

Hydraulic

(4)

1216

the

fracturing

During

hydraulic

treatment

the

pressure

fracturing

must

not

operations,

1219

records of the monitoring shall be maintained by the operator

1220

and shall be provided to the Department upon request at any time

1221

up

1222

plugged or abandoned.

1223

and

including

(5)

years

Hydraulic
suspended

monitored

after

fracturing
if

any

the

and
and

well

the

all

injection

continuously

pressure,

weakest

1218

be

injection

of

annulus

shall

the

rating

1217

to

pressures,

pressure

recorded.

is

of
The

permanently

operations
pressure

must
or

be

1224

immediately

1225

condition or any other anticipated pressure or flow condition is

52

anomalous

rate

flow

1226

occurring in a way that indicates the mechanical integrity of

1227

the well has been compromised and continued operations pose a

1228

risk to the environment. Remedial action shall be undertaken

1229

immediately

1230

operations. The permittee shall notify the Department within 1

1231

hour of suspending operations for any matters relating to the

1232

mechanical integrity of the well or risk to the environment.

1233

(c)

prior

to

re-commencing

hydraulic

fracturing

Fluid and waste management.

(1)

1234
1235

except

1236

hydraulic

fracturing

additives,

1237

hydraulic

fracturing

flowback,

1238

stored

above-ground

1239

hydraulic fracturing, and production operations until removed

1240

for proper disposal. For the purposes of centralized storage off

1241

site for potential reuse prior to disposal, hydraulic fracturing

1242

additives,

1243

flowback, and produced water shall be stored in above-ground

1244

tanks.

1245

as

For the purposes of storage at the well site and

in

provided

hydraulic

(2)

in

paragraph

tanks

of

hydraulic
and

during

fracturing

(2)

this

fracturing

produced
all

fluid,

subsection,

water

phases

of

hydraulic

fluid,

shall

be

drilling,

fracturing

In accordance with the plan required by Section 8

1246

of this Act and as approved by the Department, the use of a

1247

reserve pit is allowed for the temporary storage of hydraulic

1248

fracturing flowback. The reserve pit shall be used only in the

1249

event of a lack of capacity for tank storage due to higher than

53

1250

expected volume or rate of hydraulic fracturing flowback, or

1251

other unanticipated flowback occurrence. Any reserve pit must

1252

comply

1253

specifications:

with

the

following

(A)

1254

construction

standards

minimum

thickness

1256

strength and be impervious and resistant to

of

(B)

1258

have

capacity

1259

volume

1260

recovered;

of

24

mils

with

high

puncture

and

tear

deterioration;

the pit lining system shall be designed to

at

least

equivalent

hydraulic

fracturing

(C)

lined

1261

liner

the synthetic liner material shall have a

1255

1257

and

the

to

110%

flowback

pit

shall

of

the

anticipated

be

maximum
to

be

constructed,

1262

installed, and maintained in accordance with the manufacturers'

1263

specifications

1264

overflow during any use;

and

(D)

1265

good

engineering

practices

to

prevent

the liner shall have sufficient elongation

1266

to cover the bottom and interior sides of the pit with the edges

1267

secured with at least a 12 inch deep anchor trench around the

1268

pit perimeter to prevent any slippage or destruction of the

1269

liner materials; and

(E)

1270

the foundation for the liner shall be free

1271

of rock and constructed with soil having a minimum thickness of

1272

12

1273

interior sides of the pit.

inches

after

compaction

covering

54

the

entire

bottom

and

(3)

1274
1275

Fresh water may be stored in tanks or pits at the

election of the operator.

(4)

1276

Tanks

required

under

this

subsection

must

be

1277

above-ground tanks that are closed, watertight, and will resist

1278

corrosion. The permittee shall routinely inspect the tanks for

1279

corrosion.
(5)

1280

Hydraulic

fracturing

fluids

and

hydraulic

1281

fracturing flowback must be removed from the well site within 60

1282

days after completion of hydraulic fracturing operations, except

1283

that

1284

temporary storage in a reserve pit as provided in paragraph (2)

1285

of this subsection must be removed from the well site within 7

1286

days. Well completion reports shall be submitted within 60 days

1287

after completion of hydraulic fracturing operations.

any

excess

(6)

1288
be

hydraulic

fracturing

flowback

captured

for

Tanks, piping, and conveyances, including valves,

1289

must

constructed

of

suitable

1290

pressure rating, be able to resist corrosion, and be maintained

1291

in a leak-free condition. Fluid transfer operations from tanks

1292

to tanker trucks must be supervised at the truck and at the tank

1293

if the tank is not visible to the truck operator from the truck.

1294

During transfer operations, all interconnecting piping must be

1295

supervised if not visible to transfer personnel at the truck and

1296

tank.

55

materials,

be

of

sufficient

(7)

1297

Hydraulic fracturing flowback must be tested for

1298

volatile

1299

inorganic

1300

radioactive material prior to removal from the site. Testing

1301

shall occur once per well site and the analytical results shall

1302

be

1303

oilfield waste transportation and disposal operators. Prior to

1304

plugging

1305

storage tanks and any hydraulic fracturing flowback reserve pit

1306

must be measured for radioactivity and toxicity.

filed

organic

chemicals,

with

and

(8)

1307

chemicals,

the

site

heavy

semi-volatile
metals,

Department,

restoration,

Hydraulic

and

and

organic
naturally

provided

the

ground

fracturing

chemicals,

to

occurring

the

adjacent

flowback

liquid

to

may

only

the

be

1308

disposed of by injection into a Class II injection well that is

1309

below

interface

1310

Class

IV

1311

injection

1312

Hydraulic fracturing flowback and produced water may be treated

1313

and recycled for use in hydraulic fracturing fluid for hydraulic

1314

fracturing operations at the same site.

groundwater.
in

(9)

1315

between

fresh

Produced

permitted

Discharge

and

water

enhanced

of

may
oil

hydraulic

flowback,

be

recovery

surface water or water drainage way is prohibited.

all

produced

hydraulic

water

of

by

operation.

fracturing

1317

of

occurring

disposed

hydraulic

(10) Transport

and

naturally

1316

1318

fracturing

water

fluids,
into

fracturing

any

fluids,

1319

hydraulic fracturing flowback, and produced water by vehicle for

1320

disposal must be undertaken by a liquid oilfield waste hauler

56

1321

permitted by the Department. The liquid oilfield waste hauler

1322

transporting hydraulic fracturing fluids, hydraulic fracturing

1323

flowback, or produced water under this Act shall comply with all

1324

laws, rules, and regulations concerning liquid oilfield waste.

(11) Drill

1325

cuttings,

drilling

fluids,

and

drilling

1326

wastes not containing oil-based mud or polymer-based mud may be

1327

stored in tanks or pits. Pits used to store cuttings, fluids,

1328

and drilling wastes from wells not using fresh water mud shall

1329

be subject to the construction standards identified in (2) of

1330

this Section. Drill cuttings not contaminated with oil-based mud

1331

or polymer-based mud may be disposed of onsite subject to the

1332

approval

1333

oil-based mud or polymer-based mud shall not be disposed of on

1334

site. Annular disposal of drill cuttings or fluid is prohibited.

of

the

Department.

(12) Any

1335

release

Drill

of

cuttings

hydraulic

contaminated

fracturing

with

fluid,

1336

hydraulic fracturing additive, or hydraulic fracturing flowback,

1337

used

1338

operations shall be immediately cleaned up and remediated. Any

1339

release of hydraulic fracturing fluid or hydraulic fracturing

1340

flowback

1341

Department. Any release of a hydraulic fracturing additive shall

1342

be reported to the Department in accordance with the appropriate

1343

reportable

1344

under the federal Emergency Planning and Community Right-to-Know

or

generated

in

excess

quantity

during

of

or

after

barrel,

thresholds

57

shall

similar

hydraulic

be

to

fracturing

reported

those

to

the

established

1345

Act as published in the Code of Federal Regulations (CFR), 40

1346

CFR

1347

Environmental

1348

published in 40 CFR Part 302, and subsection (r) of Section 112

1349

of the Federal Clean Air Act as published in 40 CFR Part 68. Any

1350

release

1351

cleaned up, remediated,

1352

requirements.

Parts

of

355,

370,

and

Response,

produced

subsection

the

federal

Compensation,

water

in

excess

and

of

and reported

(13) Secondary

1353

372,

and

containment

Liability

barrels

pursuant

for

Act

to

tanks

shall

1355

Secondary

1356

appropriate

1357

following: dikes, liners, pads, impoundments, curbs, sumps, or

1358

other

1359

substance.

1360

contain

1361

container or tank within a common containment area. No more than

1362

one hour before initiating any stage of the hydraulic fracturing

1363

operations, all secondary containment must be visually inspected

1364

to

1365

proper working order. The results of this inspection must be

1366

recorded and documented by the operator, and available to the

1367

Department upon request.

by

the

structures
Any

110%

all

measures

Department,

or

equipment

secondary

of

the

include,

or

and

capable

containment

total

structures

may
one

capacity

equipment

58

required.
as

combination

of

must
of

is

under

this

containment

areas

be

Department

required

staging

as

1354

ensure

additive

Comprehensive

of

containing

be
the

are

deemed

in

sufficient
single

place

the

the
to

largest

and

in

(14) A report on the transportation and disposal of

1368
1369

the

hydraulic

1370

flowback shall be prepared and included in the well file. The

1371

report

1372

identification of the company that transported the fluids, the

1373

destination of the fluids, and the method of disposal. The well

1374

file report is updated throughout the well productivity.

1375

completion

1376

completion of hydraulic fracturing operations.

must

fracturing

include

report

the

shall

(15) Operators

1377

fluids

and

amount

be

hydraulic

of

fluids

submitted

operating

within

wells

fracturing

transported,

60

permitted

A well

days

under

of

this

1378

Act must submit an annual report to the Department detailing the

1379

management of any produced water associated with the permitted

1380

well. The report shall be due to the Department no later than

1381

April 30th of each year and shall provide information on the

1382

operator's

1383

calendar year. The report shall contain information relative to

1384

the amount of gallons of produced water the well permitted under

1385

this Act produced, the method by which the produced water was

1386

disposed,

1387

disposed, in addition to any other information the Department

1388

determines is necessary by rule.

1389

(d)

management

and

the

of

any

produced

destination

where

water

the

for

produced

the

prior

water

was

Hydraulic fracturing fluid shall be confined to the

1390

targeted formation designated in the permit. If the hydraulic

1391

fracturing fluid or hydraulic fracturing flowback are discovered

59

1392

migrating into the freshwater zone or to the surface from the

1393

well

1394

immediately notify the Department and shut in the well until a

1395

remedial action that prevents the fluid migration is completed.

1396

The permittee shall obtain the approval of the Department prior

1397

to resuming operations.

in

(e)

1398

question

or

from

other

wells,

the

permittee

shall

Emissions controls.

1399

(1)

This

subsection

1400

fracturing operations.

1401

(2)

applies

to

all

hydraulic

Except as otherwise provided in paragraph (8) of

1402

this

1403

managing gas and hydrocarbon fluids produced during the flowback

1404

period by routing recovered hydrocarbon fluids to one or more

1405

storage vessels or re-injecting into the well or another well,

1406

and routing recovered natural gas into a flow line or collection

1407

system, re-injecting the gas into the well or another well,

1408

using the gas as an on-site fuel source, or using the gas for

1409

another useful purpose that a purchased fuel or raw material

1410

would serve, with no direct release to the atmosphere.

1411

subsection

(3)

(e),

permittees

shall

be

responsible

for

If it is technically infeasible or economically

1412

unreasonable to minimize emissions associated with the venting

1413

of hydrocarbon fluids and natural gas during the flowback period

1414

using the methods specified in paragraph (2) of this subsection

1415

(e), the permittee shall capture and direct the emissions to a

60

1416

completion

combustion

1417

result

1418

emissions

1419

impact waterways. Completion combustion devices must be equipped

1420

with a reliable continuous ignition source over the duration of

1421

the flowback period.

in

from

(4)

1422

fire
a

device,

hazard

except

or

completion

in

conditions

explosion,
combustion

or

where

device

may

that
high

may
heat

negatively

Except as otherwise provided in paragraph (8) of

1423

this

subsection

(e),

1424

minimizing the emissions associated with venting of hydrocarbon

1425

fluids and natural gas during the production phase by:

(A)

1426

permittees

routing

the

shall

be

recovered

responsible

fluids

into

for

storage

1427

vessels and (i) routing the recovered gas into a gas gathering

1428

line, collection system, or to a generator for onsite energy

1429

generation, providing that gas to the surface owner of the well

1430

site

1431

another method other than venting or flaring upon approval of

1432

the Department; and

for

use

for

(B)

1433

heat

or

energy

employing

sand

generation,

traps,

or

(ii)

surge

using

vessels,

1434

separators, and tanks as soon as practicable during cleanout

1435

operations

1436

releases to the environment.

1437

to

(5)

safely

If

the

maximize

resource

permittee

recovery

establishes

and

that

minimize

it

is

1438

technically infeasible or economically unreasonable to minimize

1439

emissions associated with the venting of hydrocarbon fluids and

61

1440

natural gas during production using the methods specified in

1441

paragraph

1442

require the permittee to capture and direct any natural gas

1443

produced during the production phase to a flare. Any flare used

1444

pursuant to this paragraph shall be equipped with a reliable

1445

continuous ignition source over the duration of production. In

1446

order

1447

unreasonableness under this paragraph (5), the permittee must

1448

demonstrate, for each well site on an annual basis, that taking

1449

the actions listed in paragraph (4) of this subsection (e) are

1450

not cost effective based on a site-specific analysis. Permittees

1451

that use a flare during the production phase for operations

1452

other

1453

specific

1454

shall be due one year from the date of the previous submission

1455

and shall detail whether any changes have occurred that alter

1456

the technical infeasibility or economic unreasonableness of the

1457

permittee to reduce their emissions in accordance with paragraph

1458

(4) of this subsection (e).

(4)

to

this

establish

than

emergency

analysis

(6)

1459

of

subsection

technical

conditions

annually

with

(e),

the

Department

infeasibility

shall
the

file

an

Department.

or

economic

updated
The

shall

site-

analysis

Uncontrolled emissions exceeding 6 tons per year

1460

from storage tanks shall be recovered and routed to a flare that

1461

is designed in accordance with 40 CFR 60.18 and is certified by

1462

the manufacturer of the device. The permittee shall maintain and

1463

operate

the

flare

in

accordance
62

with

manufacturer

1464

specifications.

Any

1465

equipped with a reliable continuous ignition source over the

1466

duration of production.

1467

(7)

The

flare

used

Department

under

may

this

approve

paragraph

an

must

exemption

be

that

1468

waives the flaring requirements of paragraphs (5) and (6) of

1469

this subsection (e) only if the permittee demonstrates that the

1470

use of the flare will pose a significant risk of injury or

1471

property damage and that alternative methods of collection will

1472

not threaten harm to the environment. In determining whether to

1473

approve a waiver, the Department shall consider the quantity of

1474

casing head gas produced, the topographical and climatological

1475

features at the well site, and the proximity of agricultural

1476

structures, crops, inhabited structures, public buildings, and

1477

public roads and railways.

(8)

1478

For each wildcat well, delineation well, or low

1479

pressure well, permittees shall be responsible for minimizing

1480

the emissions associated with venting of hydrocarbon fluids and

1481

natural gas during the flowback period and production phase by

1482

capturing and directing the emissions to a completion combustion

1483

device during the flowback period and to a flare during the

1484

production phase, except in conditions that may result in a fire

1485

hazard

or

explosion,

or

1486

completion

combustion

device

1487

waterways.

Completion

combustion

where
or

63

high

heat

flare
devices

may
and

emissions

from

negatively
flares

impact

shall

be

1488

equipped with a reliable continuous ignition source over the

1489

duration of the flowback period and the production phase, as

1490

applicable.
(9)

1491

All flares used under paragraphs (5) and (8) of

1492

this

subsection

(e)

shall

(i)

operate

with

combustion

1493

efficiency of at least 98% and in accordance with 40 CFR 60.18;

1494

and (ii) be certified by the manufacturer of the device. The

1495

permittee shall maintain and operate the flare in accordance

1496

with manufacturer specifications.

1497

(10) Permittees shall employ practices for control of

1498

fugitive dust related to their operations. These practices shall

1499

include, but are not limited to, the use of speed restrictions,

1500

regular

1501

activity during high-wind days. Additional management practices

1502

such as road surfacing, wind breaks and barriers, or automation

1503

of wells to reduce truck traffic may also be required by the

1504

Department

1505

reasonable to minimize fugitive dust emissions.

road

if

maintenance,

technologically

(11) Permittees

1506

and

shall

restriction

feasible

record

and

of

and

construction

economically

report

to

the

1507

Department on an annual basis the amount of gas flared or vented

1508

from

1509

effective date of the first hydraulic fracturing well permit

1510

issued by the Department, and every 3 years thereafter, the

1511

Department shall prepare a report that analyzes the amount of

each

hydraulic

fracturing

64

well.

Three

years

after

the

1512

gas that has been flared or vented and make recommendations to

1513

the General Assembly on whether steps should be taken to reduce

1514

the amount of gas that is being flared or vented in this State.

1515

(f)

Hydraulic

60

fracturing
days

1517

fracturing

1518

fracturing operations completion report with the Department. The

1519

completion reports required by this Section shall be considered

1520

public

1521

Department's

1522

completion report shall contain the following information:

information

(1)

1523

and

website.

the

the

the

conclusion

report.

Within

operations,

after

completion

1516

1524

calendar

operations

operator

shall
The

shall

be

made

hydraulic

permittee

name

as

of

hydraulic

hydraulic

file

available

fracturing

listed

on

the

operations

in

the

permit

application;

1525

(2)

the dates of the hydraulic fracturing operations;

1526

(3)

the county where the well is located;

1527

(4)

the well name and Department reference number;

1528

(5)

the

total

water

volume

used

in

the

hydraulic

1529

fracturing operations of the well, and the type and total volume

1530

of the base fluid used if something other than water;

(6)

1531

each

source

fracturing

from

operations

which

drawn,

water
and

used
the

in

the

1532

hydraulic

1533

location of each source, including, but not limited to, the name

1534

of the county and latitude and longitude coordinates;

65

was

the

specific

(7)

1535
1536

the

quantity

of

hydraulic

fracturing

flowback

recovered from the well;

(8)

1537

description

1538

flowback

recovered

1539

applicable, reused;
(9)

1540

from

chemical

of

the

how

well

disclosure

hydraulic
was

fracturing

disposed

report

and,

identifying

if

each

1541

chemical and proppant used in hydraulic fracturing fluid for

1542

each stage of the hydraulic fracturing operations including the

1543

following:
(A)

1544

the

total

volume

of

water

used

in

the

1545

hydraulic fracturing treatment of the well

and the type and

1546

total volume of the base fluid used in the hydraulic fracturing

1547

treatment, if something other than water;

(B) each hydraulic fracturing additive used in

1548
1549

the

hydraulic

fracturing

fluid,

including

the

trade

name,

1550

vendor, a detailed description of the intended use or function

1551

of each hydraulic fracturing additive, and the Material Safety

1552

Data Sheet (MSDS), if applicable;

1553

(C) each chemical intentionally added to the

1554

base fluid, including for each chemical, the Chemical Abstracts

1555

Service number, if applicable; and

1556

(D) the actual concentration in the base

1557

fluid, in percent by mass, of each chemical intentionally added

1558

to the base fluid;

66

(10) all

1559
1560

pressures

recorded

during

the

hydraulic

fracturing operations; and

(11) any

1561

other

reasonable

or

pertinent

information

1562

related to the conduct of the hydraulic fracturing operations

1563

the Department may request or require by administrative rule.

1564

Section 18. Chemical disclosure; trade secret protection.

1565

(a)

If

the

chemical

disclosure

information

required

by

1566

paragraph (8) of subsection (b) of Section 8 of this Act is not

1567

submitted at the time of permit application, then the permittee,

1568

applicant,

1569

operations at the well shall submit this information to the

1570

Department in electronic format no less than 30 calendar days

1571

prior

1572

permittee shall not cause or allow any stimulation of the well

1573

if it is not in compliance with this Section. Nothing in this

1574

Section

1575

fracturing operations from adjusting or altering the contents of

1576

the fluid during the treatment process to respond to unexpected

1577

conditions, as long as the permittee or the person performing

1578

the hydraulic fracturing operations notifies the Department by

1579

electronic

1580

initial treatment design and includes a brief explanation of the

1581

reason for the departure.

to

or

person

performing

shall

mail

who

the

perform

hydraulic

prohibit

within

will

72

the

fracturing

person

hours

67

hydraulic

of

operations.

performing

the

fracturing

departure

The

hydraulic

from

the

1582

(b) No permittee shall use the services of another person

1583

to perform hydraulic fracturing operations unless the person is

1584

in compliance with this Section.

(c) Any person performing hydraulic fracturing operations

1585
1586

within this State shall:

1587

(1)

be authorized to do business in this State; and

1588

(2)

maintain and disclose to the Department separate

1589

and up-to-date master lists of:

(A)

1590
1591

the

base

fluid

to

be

used

during

any

hydraulic fracturing operations within this State;

1592

(B) all hydraulic fracturing additives to be used

1593

during any hydraulic fracturing operations within this State;

1594

and
(C)

1595

all

chemicals

and

associated

Chemical

1596

Abstract Service numbers to be used in any hydraulic fracturing

1597

operations within this State.

1598

(d) Persons performing hydraulic fracturing operations are

1599

prohibited

1600

additive, or chemical not listed on their master lists disclosed

1601

under paragraph (2) of subsection (c) of this Section.

1602

(e)

from

The

using

any

Department

base

shall

fluid,

assemble

hydraulic

and

post

fracturing

up-to-date

1603

copies of the master lists immediately after it receives them

1604

under paragraph (2) of subsection (c) of this Section on its

1605

website in accordance with Section 33 of this Act.

68

1606

(f) Where an applicant, permittee, or the person performing

1607

hydraulic

fracturing

1608

information to the Department under this Section, Section 8, or

1609

Section

1610

applicant, permittee, or person performing hydraulic fracturing

1611

operations shall submit redacted and un-redacted copies of the

1612

documents containing the information to the Department and the

1613

Department shall use the redacted copies when posting materials

1614

on its website.

17

of

this

operations

Act

furnishes

under

claim

chemical

of

trade

disclosure

secret,

the

1615

(g) Upon submission or within 5 calendar days of submission

1616

of chemical disclosure information to the Department under this

1617

Section, Section 8, or Section 17 of this Act under a claim of

1618

trade secret, the person claiming that trade secret protection

1619

shall

1620

particularized

1621

detailed description of the procedures used by the person to

1622

safeguard

1623

other than those selected by the person to have access to the

1624

information

1625

identifying

1626

information has been disclosed;

1627

person

1628

published or disseminated or has otherwise become a matter of

1629

general

provide

the

has

justification

facts

pertaining

information

for
the

no

public

persons

knowledge

knowledge;

to

from

limited

of

each

becoming

purposes;
or

that

the

class

a
of

claim

of

the

containing

following:

available

to

detailed
persons

persons

statement

to

whom

the

a detailed statement that the

the

information

detailed
69

has

discussion

ever

of

why

been

the

1630

person believes the information to be of competitive value; and

1631

any other information that shall support the claim.

1632

(h) Chemical disclosure information furnished under this

1633

Section, Section 8, or Section 17 of this Act under a claim of

1634

trade

1635

secret

1636

justification demonstrates that:

secret
if

the

(1)

1637

shall

be

protected

department

the

from

determines

information

has

disclosure
that

not

the

as

trade

statement

been

of

published,

1638

disseminated, or otherwise become a matter of general public

1639

knowledge; and
(2)

1640

the information has competitive value.

1641

There is a rebuttable presumption that the information has

1642

not been published, disseminated, or otherwise become a matter

1643

of general public knowledge if the person has taken reasonable

1644

measures to prevent the information from becoming available to

1645

persons other than those selected by the person to have access

1646

to the information for limited purposes and the statement of

1647

justification contains a certification that the person has no

1648

knowledge

1649

disseminated, or otherwise become a matter of general public

1650

knowledge.

1651
1652

that

the

information

has

ever

been

published,

(i) Denial of a trade secret request under this Section

shall be appealable under the Administrative Procedure Act.

70

1653

(j) A person whose request to inspect or copy a public

1654

record is denied, in whole or in part, because of a grant of

1655

trade secret protection may file a request for review under

1656

Floridas Public Records Law from Chapter 119 of the Florida

1657

Statutes or for injunctive or declaratory relief for the purpose

1658

of reviewing whether the Department properly determined that the

1659

trade secret protection should be granted. Exemptions that are

1660

granted

1661

Government Sunset Review Act, in which the state legislature

1662

reviews each exemption five years after its passage to determine

1663

whether

1664

maintain confidentiality.

by

the

Florida

Statute

exemption

is

are

still

subject

to

justified

Floridas

and

Open

necessary

to

(k) Except as otherwise provided in subsections (l) and (m)

1665
1666

of

this

Section,

1667

confidentiality

1668

under this Section, Section 8, or Section 17 of this Act under a

1669

claim of trade secret, until the Department receives official

1670

notification of a final order by a reviewing body with proper

1671

jurisdiction that is not subject to further appeal rejecting a

1672

grant of trade secret protection for that information.

of

the

Department

chemical

disclosure

must

maintain

information

the

furnished

1673

(l) The Department shall adopt rules for the provision of

1674

information furnished under a claim of trade secret to a health

1675

professional

1676

articulates

who
why

states
the

need

information
71

for
is

the

information

needed.

The

and

health

1677

professional may share that information with other persons as

1678

may be professionally necessary, including, but not limited to,

1679

the affected patient, other health professionals involved in the

1680

treatment of the affected patient, the affected patients family

1681

members if the affected patient is unconscious, unable to make

1682

medical

1683

Control, and other government public health agencies. Except as

1684

otherwise

1685

information shall not use the information for purposes other

1686

than

1687

otherwise maintain the information as confidential. Information

1688

so

1689

construed as publicly available. The holder of the trade secret

1690

may

1691

requirements of this Section from all health professionals to

1692

whom

1693

permit. The rules adopted by the Department shall also establish

1694

procedures for providing the information in both emergency and

1695

non-emergency situations.

1696

decisions,

the

provided

health

disclosed

request

the

(m)

or

to

in

this

needs

minor,

the

event

of

in

the

as

release

request

Disease

in

as

of

and

no

consistent

soon

of

for

recipient

shall

agreement

disclosed

Centers

any

professional

confidentiality

is

the

Section,

asserted

health

information

In

is

the

shall

way

with

be

the

circumstances

hydraulic

fracturing

1697

fluid, a hydraulic fracturing additive, or hydraulic fracturing

1698

flowback, and when necessary to protect public health or the

1699

environment, the Department may disclose information furnished

1700

under a claim of trade secret to the relevant county public

72

1701

health

1702

department

1703

Public Health, and the Director of the Florida Department of

1704

Agriculture. Except as otherwise provided in this Section, any

1705

recipient of the information shall not use the information for

1706

purposes other than to protect public health or the environment

1707

and shall otherwise maintain the information as confidential.

1708

Information disclosed to staff shall in no way be construed as

1709

publicly available. The holder of the trade secret information

1710

may

1711

requirements

1712

information is disclosed as soon as circumstances permit.

1713
1714
1715
1716
1717
1718
1719
1720
1721
1722
1723

(n) Notwithstanding any other law or regulation, the

following information shall not be classified as a trade secret:
(1) The identities of the chemical constituents of
additives, including CAS identification numbers.
(2) The concentrations of the additives in the well
stimulation treatment fluids.
(3) Any air or other pollution monitoring data.
(4) Health and safety data associated with well
stimulation treatment fluids.
(5) The chemical composition of the flowback fluid.
Section 19. Work Plan.

1724

director
chief,

request

(a)

or

a
of

the

emergency

manager,

Director

of

confidentiality
this

Section

the

agreement
from

all

the

Florida

relevant

Department

consistent
persons

fire

to

of

with

the

whom

the

Each applicant for a hydraulic fracturing permit shall

1725

provide the Department with a work plan to ensure accurate and

1726

complete sampling and testing as required under this section.

1727

The work plan shall ensure compliance with the requirements of

1728

this section and include, at a minimum, the following:

73

(1)

1729
1730

information identifying all water sources within

the range of testing under this section;

(2)

1731

sampling

plan

and

protocol,

including

1732

notification to the Department at least 7 calendar days prior to

1733

sample collection;
(3)

1734

the

name

and

contact

information

of

an

1735

independent third party under the supervision of a professional

1736

engineer or professional geologist that shall be designated to

1737

conduct sampling to establish a baseline as provided for under

1738

Section 20;
(4)

1739

the

name

and

contact

information

of

an

1740

independent third party under the supervision of a professional

1741

engineer or professional geologist that shall be designated to

1742

conduct

1743

provided within Section 21;

sampling

(5)

1744

to

the

establish

name

1745

independent

testing

1746

required

1747

under Section 20 and 21;

laboratory

(6)

1748
for

compliance

and

contact

laboratory,
method,

to

with

information

certified

conduct

monitoring

to

the

as

of

an

perform

the

analysis

required

proof of access and the right to test within the

1749

area

testing

1750

duration of hydraulic fracturing operations covered under the

1751

permit

application,

prescribed

written

within

approval

74

Section

from

20

Section

during

22(a),

the

and

1752

copies

of

any

1753

22(b); and
(7)

1754

non-disclosure

identification

including

provision

agreements

of

made

under

practicable

for

alternative

Section

contingency

1755

measures,

1756

supplies, which could be implemented in the event of pollution

1757

or diminution of a water source as provided for in Section 23.

1758

Section 20. Baseline Water Testing.

1759

(a)

drinking

water

Prior to conducting hydraulic fracturing operations on

1760

a well, the Department shall retain an independent third party,

1761

as

1762

baseline

1763

5,500 feet of the well site. Baseline water quality samples will

1764

also

1765

aquifer,

1766

aquifer located within 5,500 feet of the well site. Samples

1767

taken from the lower Floridan aquifer will be taken at a minimum

1768

depth

1769

wells is required to satisfy the sampling requirements of this

1770

section. The permittee shall bear all costs in association with

1771

hiring

1772

testing shall commence at least six months prior to drilling and

1773

shall be conducted once per month.

required

water

the

of

wells

from
upper

2,000

the

per

paragraph

quality

taken

(3)

sampling

the

feet.

Section

all

of

party.

19,

water

aquifer,

aquifer

Installation

third

of

of

surficial

Floridan

independent

(1)

1774
1775

be

within

and

within

intermediate

lower

groundwater

Baseline

conduct

sources

the

the

to

Floridan

monitoring

water

quality

Installation of nested wells or multilevel system

reservoir

is

required
75

to

satisfy

the

sampling

1776

requirements of this section. Well depth shall be on a case by

1777

case basis and determined by the Department.

(2)

1778

Where

(i)

access

to

groundwater

wells

within

1779

5,500 feet of the well site has been denied under Section 22(b),

1780

and (ii) the proposed well site is located within 5,500 feet

1781

horizontally from any portion of an aquifer, the independent

1782

third party shall conduct sampling of the aquifer at the closest

1783

preexisting groundwater well with access to the aquifer.

(3)

1784

under

The samples collected by the independent third

1785

party,

1786

professional

1787

testing laboratory in accordance with paragraph (4) of Section

1788

19.

1789

samples for each water source required to be tested under this

1790

section.

1791

receipt of results of tests conducted under this subsection,

1792

submit the results to the Department and to the owner of the

1793

water

1794

22(b). The Department shall post the results on its website

1795

within 7 calendar days after receipt. The results shall, at a

1796

minimum,

1797

testing conducted under this subsection, the chain of custody of

1798

the samples, and quality control of the testing.

Testing

The

source

the

supervision

geologist,

shall

be

permittee

under

include

shall

done

of

be

analyzed

by

collection

shall,

within

nondisclosure

detailed

professional

of

an

of

the

or

independent

minimum

calendar

agreement

description

76

by

engineer

days

under

of

after

Section

sampling

and

(4) Samples collected for baseline measurements should

1799
1800

be tested for:

1801

(A) pH;

1802

(B)

total

propane,

dissolved

dissolved

dissolved

1804

bicarbonate and carbonate as CaCO3), and specific conductance;

1805

bacteria

1806

forming)

(iron

ethane,

methane,

1803

presence

dissolved

solids,

related,

alkalinity

sulfate

reducing,

(total

slime

1807

(C) chloride, sulfate, arsenic, barium, calcium,

1808

chromium, iron, magnesium, selenium, cadmium, lead, manganese,

1809

mercury,

1810

iodide;

1811

potassium; radium (measured by radium 226 and 228); selenium;

1812

silicon;

1813

BTEX/GRO/DRO (Benzene, Toluene, Ethylbenzene, Xylene - by method

1814

EPA 5035/SW 846 8260B) (Gasoline Range Organics - by method EPA

1815

5035/8015D) (Diesel Range Organics - by method EPA 8015D with

1816

silica gel cleanup); PAH's (Polynuclear Aromatic Hydrocarbons

1817

including benzo(a)pyrene); and silver;

bicarbonate;
lithium;

sodium;

boron;

nitrate

strontium;

bromide;

and

nitrite

sulfate;

fluoride;
as

Total

N;

hydroxide;
phosphorus;

Dissolved

Solids;

1818

(D) BTEX; and

1819

(E) gross alpha and beta particles to determine

1820
1821
1822

the presence of any naturally occurring radioactive materials.

(5) The Department may require additional testing for
samples in section 20(a)(3).
77

1823

Section 21. Subsequent Water Quality.

1824

(a)

After baseline tests are conducted under Section 20

1825

and

following

1826

permittee shall conduct at least four follow-up sampling events

1827

of the surficial aquifer, intermediate aquifer, upper Floridan

1828

aquifer and lower Florida aquifer

1829

months,

1830

permittee shall have all water sources which are subjected to

1831

sampling under Section 20 sampled and tested in the same manner

1832

again at 6 months, 18 months, 24 months, and 30 months after the

1833

hydraulic

1834

permittee shall notify the Department at least 7 calendar days

1835

prior

1836

calendar days after receipt of results of tests conducted under

1837

this section, submit the results to the Department and to the

1838

owner of the water source pursuant to the written agreement

1839

under Section 22(a), or a non-disclosure agreement under Section

1840

22(b).

1841

description of the sampling and testing conducted under this

1842

subsection, the chain of custody of the samples, and quality

1843

control

of

1844

quality

against

1845

obtained after obtaining the baseline results by testing for any

1846

fracturing fluid chemicals.

and

to

issuance

24

months

fracturing

taking

The

the

results

the

of

after

permit

sample.

shall

baseline

the

production

The

include,

The

by

have

has

permittee

at

results

commenced.

been

Department

78

Department,

the

at six months, 12 months, 18

operations

testing.
the

completed.

shall,

minimum,

shall

and

any

The

The

within

detailed

evaluate
other

water

results

(1)

1847
1848

in the office of the commissioner, open to inspection by anyone.

(2)

1849
1850

The results of the tests shall be a public record

All

costs

associated

with

testing

procedures

prescribed in this section shall be borne by the permittee

(3)

1851

Current

collection

applicable

1853

water

1854

laboratories that maintain nationally accredited programs. Each

1855

set of samples collected under Section 20 and under this Section

1856

shall include analyses for:

used

1857

(A) pH;

1858

(B)

and

total

propane,

analytical
analyses

dissolved

must

be

solids,

for

performed

dissolved

by

methane,

dissolved

1860

bicarbonate and carbonate as CaCO3), and specific conductance;

1861

bacteria

1862

forming)

(iron

ethane,

drinking

1859

presence

dissolved

methods

custody

and

be

and

sample

1852

must

protocols

EPA-approved

related,

alkalinity

sulfate

reducing,

(total

slime

1863

(C) chloride, sulfate, arsenic, barium, calcium,

1864

chromium, iron, magnesium, selenium, cadmium, lead, manganese,

1865

mercury,

1866

iodide;

1867

potassium; radium (measured by radium 226 and 228); selenium;

1868

silicon;

1869

BTEX/GRO/DRO (Benzene, Toluene, Ethylbenzene, Xylene - by method

1870

EPA 5035/SW 846 8260B) (Gasoline Range Organics - by method EPA

bicarbonate;
lithium;

sodium;

boron;

nitrate

strontium;

bromide;

and

nitrite

sulfate;

79

fluoride;
as

Total

N;

hydroxide;
phosphorus;

Dissolved

Solids;

1871

5035/8015D) (Diesel Range Organics - by method EPA 8015D with

1872

silica gel cleanup); PAH's (Polynuclear Aromatic Hydrocarbons

1873

including benzo(a)pyrene); and silver;

1874

(D) BTEX; and

1875

(E) gross alpha and beta particles to determine

1876
1877
1878
1879

the presence of any naturally occurring radioactive materials.

(4)

The

Department

may

require

extra

testing

in

addition to the analyses prescribed in section 21(a)(3).

(5)

Field

observations

such

as

odor,

water

color,

1880

sediment, bubbles, and effervescence shall also be documented.

1881

If free gas or a dissolved methane concentration greater than

1882

1.0 milligram per liter (mg/l) is detected in a water sample,

1883

gas compositional analysis and stable isotope analysis of the

1884

methane (carbon and hydrogen - 12C, 13C, 1H, and 2H) shall be

1885

performed to determine gas type. The permittee shall notify the

1886

commission and the surface owner within 24 hours if;

1887
1888
1889
1890
1891
1892
1893

(A) the test results indicate thermogenic or a

mixture of thermogenic and biogenic gas;
(B) the methane concentration increases by more
than 5.0 mg/l between sampling periods;
(C) the methane concentration is detected at or
above 10 mg/l; or
(D) BTEX compounds, GRO, or DRO is detected.

80

(6)

1894
work

plan

Sampling shall, at a minimum, be consistent with

1895

the

1896

hydraulic fracturing additive or other contaminant has caused

1897

pollution or diminution for purposes of Section 23 and 24.

(7)

1898
pump

rate

and

allow

for

determination

of

whether

any

The permitee shall have continuous monitoring of

1899

the

and

pressure

used

in

the

1900

multilevel system well during each distinct stimulation event

1901

into deep reservoirs and shall keep detailed records of results.

1902

Section 22. Property Owner Approval.

1903

(a)

nested

well

or

the

Before the commencement of sampling of private water

1904

wells or ponds, the permittee shall get approval, expressly and

1905

in writing, from the property owner to sample private water

1906

wells or ponds that are located on the owners private property.

(1)

1907

No later than the filing of the application with

1908

the board for a permit to engage in hydraulic fracturing, and

1909

prior to initiating any site preparation, the applicant shall

1910

give notice by certified mail, return receipt requested, of the

1911

applicant's intent to drill to the owner of the real property

1912

that is located within a one (1) mile radius of any borehole

1913

created for drilling or fracturing.

(2)

1914

The well owners who must be notified under this

1915

section shall be the property owners of record in the property

1916

tax

1917

located.

assessor's

office

in

the

county

81

where

the

property

is

(3)

1918
oil

or

The notice shall include the proposed location of

1919

the

1920

permittee will be engaged in horizontal drilling, hydrological

1921

fracturing, or both, at the site.

(b)

1922

gas

Sampling

well

of

site,

and

private

shall

water

identify

wells

or

whether

ponds

the

wholly

1923

contained within private property shall not be required where

1924

the owner of the private property declines, expressly and in

1925

writing, to provide access or permission for sampling. If the

1926

owner of the private property declines to provide proof of his

1927

or her refusal to allow access in writing, the permittee shall

1928

provide the Department evidence as to the good faith efforts

1929

that were made to secure the required documentation. Permits

1930

issued under this Act cannot be denied if the owner of the

1931

private property declines to provide proof of his or her refusal

1932

to allow access in writing and the permittee provides evidence

1933

that

1934

purposes of conducting tests. The owners of private property may

1935

condition access or permission for sampling of a private water

1936

well or pond wholly within the property or a portion of any

1937

perennial stream or river that flows through the property under

1938

1939

terms and conditions:

1940
1941

good

faith

non-disclosure

efforts

were

agreement,

made

which

to

must

gain

access

include

the

for

the

following

(1) the permittee shall provide the results of the

water quality testing to the property owners;
82

(2)

1942

the

permittee

shall

retain

the

results

of

the

1943

water quality testing until at least one year after completion

1944

of

1945

Department upon request;

all

monitoring

under

this

Section

for

review

by

the

1946

(3) the permittee shall not file with the Department

1947

the results of the water quality testing, except under paragraph

1948

(4) of Section 22(b); and

1949

(4) the permittee shall notify the Department within 7

1950

calendar days of its receipt of the water quality data where any

1951

testing under Section 21 indicates that concentrations exceed

1952

the

1953

pollution or diminution under Section 2.

standards

or

criteria

referenced

in

the

definition

of

1954

Section 23. Liability.

1955

Nothing in this Act affects in any way the rights of any

1956

person to enforce or protect, under applicable law, the person's

1957

interest in land, water, and other natural resources affected by

1958

an oil or gas operation.

(a)

1959

well

diminution

who
by

causes

the

any

release

of

pollution,

1960

contamination,

1961

fracturing fluid, hydraulic fracturing additive, or hydraulic

1962

fracturing flowback shall be liable for any and all damages

1963

relating to or resulting from the release.

hydraulic

(b) Persons who have reason to believe they have incurred

1964
1965

or

operator

loss

or

otherwise

suffered
83

an

injury

due

to

pollution,

1966

contamination, or diminution of a water source or land as a

1967

result

1968

Department and request that an investigation be conducted.

1969

of

the

(c)

hydraulic

Within

30

fracturing

calendar

days

operation

after

may

notify

notification,

the

the

1970

Department shall initiate the investigation of the claim and

1971

make a reasonable effort to reach a determination within 180

1972

calendar days after notification. The Department may seek cost

1973

recovery under subsection (d) of this section and recover all

1974

costs

1975

section.

1976

for

samples

taken

for

the

investigation

under

this

(d) If the Departments investigation under this section

1977

confirms

that

the

1978

contamination, or water pollution is attributable to hydraulic

1979

fracturing operations, in addition to any other relief available

1980

under law, the permittee shall be required to reimburse the

1981

costs and reasonable expenses incurred by the Department for all

1982

activities related to the investigation and cleanup. These costs

1983

shall

1984

investigations, analyses, personnel, direct and indirect costs,

1985

studies, assessments, reports, and review and evaluation of that

1986

data, as well as costs under the Departments review of whether

1987

the quality of a restored or replaced water supply meets or

1988

exceeds the quality of the water supply before it was affected

1989

by the permittee. Costs shall be reimbursed to the Department by

include,

cause

but

of

not

the

be

84

pollution,

limited

diminution,

to,

soil

inspections,

1990

the permittee within 30 calendar days after receipt of a written

1991

request for reimbursement by the Department. For all costs that

1992

remain unpaid following 30 calendar days after receipt of a

1993

written request for reimbursement, the Department may institute

1994

1995

Department within 30 calendar days after receipt of the written

1996

request

1997

Reimbursement of costs collected under this subsection shall be

1998

deposited by the Department into the Clean Water State Revolving

1999

Fund.

civil

action

for

for

cost

recovery.

reimbursement

is

Failure

to

violation

reimburse

of

this

the

Act.

2000

(e) Any person conducting or who has conducted hydraulic

2001

fracturing operations shall supply any information requested by

2002

the Department to assist the Department. The Department shall

2003

give due consideration to any information submitted during the

2004

course of the investigation. All costs in relation to providing

2005

requested information shall be incurred by the operator.

2006

(f) If sampling results or other information obtained as

2007

part of the investigation or the results of tests conducted

2008

under

2009

standards

2010

under Section 24, the Department shall issue an order to the

2011

permittee as necessary to require the permittee conducting the

2012

oil or gas operation to:

Section
or

21

indicate

criteria

that

referenced

85

concentrations
by

pollution

or

exceed

the

diminution

(1) provide an emergency drinking water supply within

2013
2014

twenty-four hours;
(2) provide temporary water supply within seventy-two

2015
2016

hours; and
(3) provide permanent or temporary replacement of a

2017
2018

water source.
(4) In addition to any other penalty available under

2019
2020

the

law

and

2021

permittee shall restore or replace the affected supply within

2022

thirty days with an alternative source of water adequate in

2023

quantity

2024

source. The total time in providing a permanent water supply may

2025

not exceed two years.

and

consistent

quality

for

with

the

the

Department's

purposes

served

by

order,

the

the

water

2026

(A) If the operator demonstrates that providing a

2027

permanent replacement water supply cannot be completed within

2028

two years, the secretary may extend the time frame on case-by-

2029

case basis; and pay all reasonable costs incurred by the real

2030

property owner in securing a water supply.

2031

(B) Notwithstanding the denial of the operator of

2032

responsibility for the damage to the real property owner's water

2033

supply or the status of any appeal on determination of liability

2034

for the damage to the real property owner's water supply, the

2035

operator

may

not

discontinue

providing

86

the

required

water

2036

service until authorized to do so by the secretary or a court of

2037

competent jurisdiction
(C) A person aggrieved under the provisions of

2038
2039

this section may seek relief in court.

2040

(D) The quality of a restored or replaced water

2041

source shall meet or exceed the quality of the original water

2042

source based upon the results of the baseline test results under

2043

subsection Section 20 for that water source, or other available

2044

information. The Department may require the permittee to take

2045

immediate

2046

replacement,

2047

equipment permitted by the Department. The Department may issue

2048

conditions within any order to protect the public health or

2049

welfare or the environment.

action,

including

alteration,

or

but

not

limited

prohibition

of

to,

repair,

operation

of

2050

(g) Within 14 calendar days after a determination has been

2051

made regarding the pollution or diminution, the Department shall

2052

provide notice of its findings and the orders, if any, to all

2053

persons that use the water source for domestic, agricultural,

2054

industrial, or any other legitimate beneficial uses.

(h) Reports of potential cases of water pollution that may

2055
2056

be

associated

with

hydraulic

fracturing

2057

submitted electronically to the Department. The Department shall

2058

establish a format for these reports to be submitted through the

2059

website developed under Section 33 of this Act.

87

operations

may

be

2060

(i) The Department shall publish, on its website, lists of

2061

confirmed

cases

of

2062

hydraulic

fracturing

2063

searchable by county.

pollution

or

diminution

operations.

This

that

result

information

from

shall

be

2064

(j) Nothing in this Section shall prevent the Department

2065

from issuing a cessation order under ss. 377.01-377.43. Florida

2066

Statutes.

2067

(k) Nothing in this section shall prevent a landowner or

2068

water

2069

supply from seeking any other remedy at law or in equity.

2070
2071

purveyor

claiming

pollution

or

diminution

of

water

(l) The operator shall be obligated to pay the surface

owner compensation for all of the following:
(1) Any damage to a water supply in use prior to the

2072
2073

commencement

of

the

activities

2074

which is due to those activities.

of

the

developer

or

operator

(2) The cost of repair of personal property of the

2075
2076

surface

2077

activities of the developer or operator, up to the value of

2078

replacement by personal property of like age, wear, and quality.

2079

owner,

(3)

which

Damage

according

personal

to
to

any
the

property

is

livestock,
market

crops,
of

the

due

or

to

timber

2080

determined

2081

destroyed, damaged, or prevented from reaching market due to the

2082

oil or gas developer's or operator's activities.

88

value

damaged

resources

2083

(m) In order to provide maximum protection for the public

2084

interest, any actions brought for recovery of cleanup costs,

2085

damages, or for civil penalties brought pursuant to this section

2086

or any other section of this Article or rules adopted thereunder

2087

may be brought against any one or more of the persons having

2088

control

2089

contamination, damage to property, or other violations. All such

2090

persons

2091

liability as between the parties may be determined by common-law

2092

principles.

over

shall

the

be

activities

jointly

and

that

severally

contributed

liable,

to

but

the

ultimate

2093

Section 24. Presumption Regarding Pollution or Diminution.

2094

(a) This section establishes a rebuttable presumption for

2095

the

purposes

of

evidence

and

liability

under

Florida

law

2096

regarding claims for pollution or diminution of a water source,

2097

soil contamination, or surface spills and for use regarding the

2098

investigation and order authority under Section 23.

(b) Unless rebutted by a defense established in subsection

2099
2100

(c)

of

this

section,

it

shall

be

presumed

that

any

person

2101

conducting or who has conducted hydraulic fracturing operations

2102

shall be liable for pollution or diminution of a water supply,

2103

soil contamination, or surface spill if:

2104

(1) the water source is within one mile of the well

2105

site; and water supplies that are within a one mile radius of a

89

2106

wellhead

that

is

part

2107

operator's activities.

2108

(2)

water

2109

diminution

prior

2110

operations; and

of

the

quality

to

the

oil

data

or

gas

showed

start

of

developer's

or

pollution

or

no

hydraulic

fracturing

2111

(3) the pollution or diminution of a water source,

2112

soil contamination, or surface spill occurred during hydraulic

2113

fracturing

2114

completion of the hydraulic fracturing operations.

2115

(c)

operations

To

rebut

or

the

no

more

than

presumption

30

months

established

after

under

the

this

2116

section, a person presumed responsible must affirmatively prove

2117

by clear and convincing evidence any of the following:

2118

(1) the water source is not within one mile of the

2119

well site and water supply is not within a one mile radius of a

2120

wellhead

2121

operator's

2122

defense

2123

certified laboratory to conduct a predrilling or prealteration

2124

survey of the water supply. A copy of survey results shall be

2125

submitted to the department and the landowner or water purveyor

2126

in the manner prescribed by the department.

that

is

part

activities.

under

of
An

subsection

the

oil

operator
(c)(1)

or

gas

electing

shall

retain

developer's

or

to

preserve

an

independent

2127

(2) the pollution or diminution of a water source,

2128

soil contamination, or surface spill occurred prior to hydraulic

90

2129

fracturing

operations

or

more

than

30

months

2130

completion of the hydraulic fracturing operations; or

after

the

2131

(3) the pollution or diminution of a water source,

2132

soil contamination, or surface spill occurred as the result of

2133

an

2134

operations.

identifiable

cause

other

than

the

hydraulic

fracturing

2135

(4) The landowner or water purveyor refused to allow

2136

the operator access to the property to conduct a predrilling or

2137

prealteration water well test.

(d) If a water supply belonging to the surface owner or

2138
2139

third

parties

2140

developer or operator, in addition to any other remedy available

2141

at law or in equity, the permittee shall provide a replacement

2142

water supply to persons using the water supply at the time the

2143

oil

2144

property, which water supply shall be adequate in quality and

2145

quantity

2146

supply.

or

gas

for

is

contaminated

developer's

those

due

to

activities

persons'

use

or

2147

Section 25. Plugging; restoration.

2148

(a)

the

were

activities

commenced

purposes

served

of

on

by

the

the

the

The permittee shall perform and complete plugging of

2149

the well and restoration of the well site in accordance with ss.

2150

377.01-377.43. Florida Statutes, and any and all rules adopted

2151

thereunder.

2152

plugging of the well and reclamation of the well site. If the

The

permittee

shall

91

bear

all

costs

related

to

2153

permittee

2154

Section,

2155

complying with this Section.

(b)

2156

well

fails
the

to

plug

owner

of

the
the

well
well

in

accordance

shall

be

with

responsible

this
for

Prior to conducting hydraulic fracturing operations at

2157

2158

previously unplugged well bores within 750 feet of any part of

2159

the horizontal well bore that penetrated within 400 vertical

2160

feet of the formation that will be stimulated as part of the

2161

hydraulic fracturing operations.

(c)

2162

site,

the

permittee

shall

cause

to

be

plugged

all

For well sites where hydraulic fracturing operations

2163

were permitted to occur, the operator shall restore any lands

2164

used by the operator other than the well site and production

2165

facility

2166

drilling conditions that existed before the land was disturbed

2167

for

2168

hydraulic fracturing operations. Restoration shall be commenced

2169

within 6 months of completion of the well site and completed

2170

within 12 months. Restoration shall include, but is not limited

2171

to,

2172

mitigation

2173

fertilizer or lime to restore the fertility of disturbed soil,

2174

and repair of soil conservation practices such as terraces and

2175

grassed waterways.

any

to

stage

repair

of
of

condition

of

site

tile
soil

as

closely

preparation

lines,

repair

compaction

92

and

approximating

activities,

of

fences

rutting,

the

drilling,

and

pre-

and

barriers,

application

of

(d)

2176

Unless

contractually

agreed

to

the

contrary

by

the

2177

permittee and surface owner, the permittee shall restore the

2178

well

2179

applicable restoration requirements in subsection (c) of this

2180

Section and shall remove all equipment and materials involved in

2181

site preparation, drilling, and hydraulic fracturing operations,

2182

including

2183

debris,

2184

electric

2185

surface, tanks, fluids, pipes at or above the surface, secondary

2186

containment measures, rock or concrete bases, drilling equipment

2187

and supplies, and any and all other equipment, facilities, or

2188

materials

2189

drilling, or hydraulic fracturing operations at the well site.

2190

Work on the removal of equipment and materials at the well site

2191

shall begin within 6 months after plugging the final well on the

2192

well site and be completed no later than 12 months after the

2193

last producing well on the well site has been plugged. Roads

2194

installed as part of the oil and gas operation may be left in

2195

place if provided in the lease or pursuant to agreement with the

2196

surface owner, as applicable.

site

and

tank

production

batteries,

injection
power

used

and

facility

rock

lines

flow
and

during

and

lines
poles

any

in

accordance

concrete
at

or

extending

stage

of

site

with

pads,

above
on

oil

the
or

above

preparation

2198

(a)

2199

hydraulic

fracturing

calendar

days

operations,
93

after

the

the

operator

the

work,

Section 26. Hydraulic fracturing completion reporting.

60

field

surface,

2197

Within

the

conclusion
shall

file

of
a

2200

hydraulic

fracturing

2201

Department.

2202

report shall contain the following information:

The

operations

hydraulic

completion

fracturing

report

operations

2203

(1)

the name and location of the well;

2204

(2)

the

2205

and

per-stage

gallons

the

completion

of

hydraulic

fracturing fluid used at the well;

(3)

2206
2207

total

with

depth

of

the

wellbore

(including

both

total

vertical depth and total measured depth);

2208

(4)

length of horizontal wellbore;

2209

(5)

the maximum surface treating pressure used;

2210

(6)

the formation targeted;

2211

(7)

the number of hydraulic fracturing stages; and

2212

(8)

total

2213

perforation intervals.

perforated

2214

Section 27. Seismicity.

2215

(a)

For

purposes

of

this

interval

Section,

and

"induced

individual

seismicity"

2216

means an earthquake event that is felt, recorded by the national

2217

seismic network, and attributable to a Class II injection well

2218

used for disposal of flow-back and produced fluid from hydraulic

2219

fracturing operations.

2220

(b)

The Department shall adopt rules, in consultation with

2221

the Florida State Geological Survey, establishing a protocol for

2222

controlling operational activity of Class II injection wells in

2223

an instance of induced seismicity.

94

2224

(c)

The rules adopted by the Department under this Section

2225

shall employ a "traffic light" control system allowing for low

2226

levels of seismicity while including additional monitoring and

2227

mitigation requirements when seismic events are of sufficient

2228

intensity to result in a concern for public health and safety.

2229

(d)

The additional mitigation requirements referenced in

2230

subsection (c) of this Section shall provide for either the

2231

scaling

2232

establishment

2233

immediate cessation of injection operations.

back

of
of

injection
a

operations

potentially

safe

with

monitoring

operation

level

or

for
the

2234

Section 28. Department mapping and reporting.

2235

The Department shall, with the assistance of the Florida

2236

State Geological Survey, submit a report to the General Assembly

2237

and Governor identifying the following in Florida and include

2238

any recommendations for additional legislative or administrative

2239

action on these items:

2240

(a) the location of resources of gas and oil, and process

2241

materials, including sand and other naturally occurring geologic

2242

materials used in hydraulic fracturing operations;

2243
2244

(b)

the

potential

impacts

of

hydraulic

fracturing

operations on:

2245

(1) sites owned, managed or leased by the Department;

2246

(2) nature preserves;

95

(3) the availability of water for human consumption

2247
2248

and general domestic use; and

2249
2250

(4)

the

potential

Two

years

for

influencing

natural

seismic

activity.
(c)

2251

after

the

effective

date

of

the

first

2252

hydraulic fracturing permit issued by the Department, and every

2253

3 years thereafter, the Department shall prepare a report that

2254

examines the following:

(1) the number of hydraulic fracturing permits issued

2255
2256

by the Department, on an annual basis;

(2) a map showing the locations in this State where

2257
2258

hydraulic

fracturing

2259

Department;

operations

have

been

permitted

by

the

(3) identification of the latest scientific research,

2260
2261

best

practices,

and

2262

hydraulic

2263

environment and public health;

fracturing

technological
operations

and

improvements
methods

to

related
protect

to
the

(4) any confirmed environmental impacts in this State

2264
2265

due

2266

limited

2267

flowback, hydraulic fracturing fluid, and hydraulic fracturing

2268

additive;

2269
2270

to

hydraulic
to,

any

fracturing
reportable

operations,
release

of

including,
hydraulic

but

not

fracturing

(5) confirmed public health impacts in this State due

to hydraulic fracturing operations;
96

(6)

2271

summary

of

revenues

generated

annually

from

2272

income, ad valorem, sales, and any other State and local taxes

2273

applicable

2274

Department, including an estimate of the income tax generated

2275

from lease payments and royalty payments;

to

(7)

2276

activity

permitted

description

of

under

any

this

Act

modifications

to

by

the

existing

2277

programs, practices, or rules related to hydraulic fracturing

2278

operations made by the Department;

(8) any problems or issues the Department identifies

2279
2280

as it implements and administers the provisions of this Act;

(9) any recommendations for legislative action by the

2281
2282

General Assembly to address the findings in the report; and

(10)

2283

any

relevant

2285

administering

2286

hydraulic fracturing operations.

(d)

the

its

information

2284

2287

regarding

other

specific

provisions

of

the

experiences
this

Act

Department

deems

implementing
and,

and

generally,

The first report shall also examine any studies issued

2288

by the EPA regarding hydraulic fracturing operations. The report

2289

required

2290

Assembly and Governor.

2291

by

this

Section

shall

be

provided

to

the

General

Section 29. Criminal offenses; penalties.

2292

(a) Any person who, for the purpose of evading this act, or of

2293

evading any rule, regulation, or order made hereunder, shall

2294

intentionally make, or cause to be made, any false entry or

97

2295

statement of fact in any report required to be made by this law,

2296

or by any rule, regulation, or order made hereunder or who, for

2297

such purpose, shall make, or cause to be made, any false entry

2298

in any account, application, record, or memorandum kept by any

2299

person in connection with any provision of this law, or of any

2300

rule, regulation, or order made hereunder; or who, for such

2301

purpose, shall omit to make, or cause to be omitted, full, true,

2302

correct entries in such accounts, applications, records, or

2303

memoranda, of all facts and transactions pertaining to the

2304

interest or activities in the hydraulic fracturing operation of

2305

such person, as may be required by the Department under

2306

authority given in this law, or by any rule, regulation, or

2307

order made hereunder; or who, for such purpose, shall remove out

2308

of the jurisdiction of the state, or who shall mutilate, alter,

2309

or, by any other means, falsify any book, record, or other paper

2310

pertaining to the transaction regulated by this law, or by any

2311

rule, regulation, or order made hereunder, shall be guilty

2312

misdemeanor of the first degree, punishable as provided in s.

2313

775.082 or s. 775.083.

of a

2314

(b) Any criminal action provided for under this Section

2315

shall be brought by the State's Attorney of the county in which

2316

the violation occurred or by the Attorney General. For criminal

2317

conduct in this Section, the period for commencing prosecution

2318

shall not begin to run until the offense is discovered by or

98

2319

reported

to

State

or

local

2320

investigate violations of this Act.

agency

having

authority

2321

Section 30. Violations; civil penalties and injunctions.

2322

(a)

Except

as

otherwise

provided

in

this

Section,

to

any

2323

person who violates any provision of this Act or any rule or

2324

order adopted under this Act or any permit issued under this Act

2325

shall be liable for a civil penalty not to exceed $100,000 for

2326

the violation and an additional civil penalty not to exceed

2327

$20,000 for each day during which the violation continues.

2328

(b)

Any

2329

prohibitions

2330

subject

2331

violation and an additional civil penalty not to exceed $40,000

2332

for each day during which the violation continues. The following

2333

are violations are subject to the penalties of this subsection

2334

(b:

to

person

of
a

who

provisions

civil

penalty

violates
listed
not

in
to

any

requirements

this

subsection

exceed

$200,000

(b)
for

or
is
the

2335

(1) subsection (c) of Section 6 of this Act;

2336

(2) subsection (d) of Section 6 of this Act;

2337

(3) subsection (a) of Section 7 of this Act;

2338

(4) paragraph (9) of subsection (c) of Section 17 of

2339

this Act;

2340

(c) Any person who knowingly makes, submits, causes to be

2341

made, or causes to be submitted a false report of pollution,

2342

diminution,

or

water

pollution
99

attributable

to

hydraulic

2343

fracturing operations that results in an investigation by the

2344

Department under this Act shall be liable for a civil penalty

2345

not to exceed $1,000 for the violation.

(d) The penalty shall be recovered by a civil action before

2346
2347

the

circuit

2348

located.

2349

competent

2350

Department of Environmental Protection.

(e)

2351

court

These

of

the

penalties

county
may,

jurisdiction,

The

State's

be

in

upon

the

made

Attorney

of

which

the

order

payable

the

well
of

to

county

a
the

in

site

is

court

of

Florida

which

the

2352

violation occurred, or the Attorney General, may, at the request

2353

of the Department or on his or her own motion, institute a civil

2354

action for the recovery of costs, an injunction, prohibitory or

2355

mandatory, to restrain violations of this Act, any rule adopted

2356

under this Act, the permit or term or condition of the permit,

2357

or

2358

violations of this Act, any rule adopted under this Act, the

2359

permit or term or condition of the permit.

2360

to

require

(f)

The

other

actions

State's

as

Attorney

may

of

be

the

necessary

county

in

to

address

which

the

2361

violation occurred, or the Attorney General, shall bring actions

2362

under this Section in the name of the People of the State of

2363

Florida. Without limiting any other authority that may exist for

2364

the awarding of attorney's fees and costs, a court of competent

2365

jurisdiction

2366

including

may

the

award

costs

reasonable

and

costs
100

reasonable
of

expert

attorney's
witnesses

fees,
and

2367

consultants, to the State's Attorney or the Attorney General in

2368

a case where he or she has prevailed against a person who has

2369

committed a knowing or repeated violation of this Act, any rule

2370

adopted under this Act, or the permit or term or condition of

2371

the permit.

2372
2373

(g) All final orders imposing civil penalties under this

Section shall prescribe the time for payment of those penalties.

2374

Section 31. Other relief.

2375

(a)

Any

person

having

an

interest

that

is

or

may

be

2376

adversely affected may commence a civil action on his or her own

2377

behalf

2378

governmental instrumentality or agency which is alleged to be in

2379

violation of the provisions of this Act or of any rule, order,

2380

or permit issued under this Act, or against any other person who

2381

is alleged to be in violation of this Act or of any rule, order,

2382

or permit issued under this Act. No action may be commenced

2383

under

2384

plaintiff has given notice in writing of the alleged violation

2385

to the Department and to any alleged violator or (ii) if the

2386

State has commenced and is diligently prosecuting a civil action

2387

to require compliance with the provisions of this Act, or any

2388

rule, order, or permit issued under this Act.

2389
2390

to

this

(b)
adversely

compel

compliance

subsection

Any

person

affected

(a):

having

may

(i)

an

commence
101

with

this

prior

to

interest
a

civil

Act

60

that

against

days

is

action

after

or

may

against

any

the

be
the

2391

Department on his or her own behalf to compel compliance with

2392

this Act where there is alleged a failure of the Department to

2393

perform any act or duty under this Act that is not discretionary

2394

with

2395

subsection (b) prior to 60 days after the plaintiff has given

2396

notice in writing of the action to the Department, except that

2397

action may be brought immediately after the notification in the

2398

case where the violation or order complained of constitutes an

2399

imminent threat to the health or safety of the plaintiff or

2400

would immediately affect a legal interest of the plaintiff.

the

(c)

2401

Department.

No

action

may

be

commenced

under

this

The court, in issuing any final order in any action

2402

brought

2403

(including attorney and expert witness fees) to any party, on

2404

the

2405

participation

2406

enforcement of this Act.

basis

(d)

2407

under

this

of

the
of

the

Section,

may

importance
parties

to

award

of
the

the

costs

of

proceeding

efficient

and

litigation

and

the

effective

Any person who is injured in his or her person or

2408

property through the violation by any operator of any rule,

2409

order, or permit issued under this Act may bring an action for

2410

damages (including reasonable attorney and expert witness fees).

2411

Nothing in this subsection (d) shall affect any of the rights

2412

established by or limits imposed under the Workers' Compensation

2413

Act.

102

2414

(e)

Any action brought under this Section may be brought

2415

only in the county in which the hydraulic fracturing operation

2416

complained of is located.

2417
2418
2419
2420
2421

(f)

In any action under this Section, the Department shall

have an unconditional right to intervene.

(g)

No existing civil or criminal remedy for any wrongful

action shall be excluded or impaired by this Act.

(h)

Nothing in this Section shall restrict any right that

2422

any person (or class of persons) may have under any statute or

2423

common law to seek enforcement of any of the provisions of this

2424

Act and the rules adopted under this Act, or to seek any other

2425

relief (and including relief against the United States or the

2426

Department).

2427

Section 32. Violations, complaints, and notice; website.

2428

The Department shall maintain a detailed database that is

2429

readily accessible to the public on the Department's website.

2430

The database shall show each violation found by the Department

2431

regarding

2432

well owners, operators, and subcontractors. When the Department

2433

determines that any person has violated this Act, the Department

2434

shall

2435

return receipt requested, of the Department's determination to

2436

all persons required to receive specific public notice under

2437

Section

hydraulic

provide

of

notice

this

fracturing

by

Act

U.S.

operations

Postal

within
103

and

Service

calendar

the

associated

certified

days

after

mail,

the

2438

determination. The Department shall also post the notice on the

2439

Department's website. The notice shall include a detailed, plain

2440

language

2441

language description of all known risks to public health, life,

2442

property,

2443

violation.

description

aquatic

of

the

life,

violation

and

and

wildlife

detailed,

resulting

plain

from

the

2444

Section 33. Public information; website.

2445

(a) All information submitted to the Department under this

2446

Act is deemed public information, except information deemed to

2447

constitute

2448

private information and personal information as defined in the

2449

Freedom of Information Act.

trade

secret

under

Section

18

of

this

Act

and

(b) To provide the public and concerned citizens with a

2450
2451

centralized

repository

2452

create

2453

providing

information

2454

operations.

The

2455

Registry. The website shall contain, assemble, and link the

2456

documents and information required by this Act to be posted on

2457

the

2458

Fracking Registry shall include an online searchable database

2459

that

2460

operations on wells that, at a minimum, include for each well it

2461

permits,

and

maintain

the

website

Department's

provides

of

and

information,
comprehensive
concerning

shall

other

information

identity

of

be

its
104

Department

website

called

to

owners,

shall

dedicated

hydraulic

agencies'

related

the

fracturing

Floridas

websites.

hydraulic

operators,

to

Fracking

Floridas

fracturing

its

waste

2462

disposal,

its

chemical

disclosure

information,

and

any

2463

complaints or violations under this Act. The website created

2464

under this Section shall allow users to search for completion

2465

reports by well name and location, dates of hydraulic fracturing

2466

and drilling operations, operator, and by chemical additives.

2467

Section 34. Applicable federal, State, and local laws.

2468

Compliance with this Act does not relieve responsibility

2469

for

compliance

with

ss.

377.01-377.43,

Florida

2470

other applicable federal, State, and local laws.

Statutes

and

2471

Section 35. Administrative review.

2472

All final administrative decisions, including issuance or

2473

denial of a permit, made by the Department under this Act are

2474

subject to judicial review under the Administrative Procedure

2475

Act and its rules.

2476

Section 36. Rules.

2477

The Department shall have the authority to adopt rules as

2478

may be necessary to accomplish the purposes of this Act.

2479

Section 37. The Hydraulic Fracturing Fund.

2480

The Hydraulic Fracturing Fund is created as a special fund

2481

in the State treasury. All moneys required by this Act to be

2482

deposited

2483

administer and enforce this Act.

2484
2485

into

the

Fund

shall

be

used

by

the

Department

to

ARTICLE 2.
Section 1. Short title. Emissions Monitoring and Testing
105

2486

Section 2. Definitions.

2487

Affected Operations means pneumatic controllers that are

2488

actuated by natural gas, and located at, or upstream of natural

2489

gas processing plants (upstream activities include: oil and gas

2490

exploration and production operations and natural gas compressor

2491

stations).

2492

Enhanced Maintenance is specific to high-bleed devices

2493

and shall include but is not limited to cleaning, tuning, and

2494

repairing leaking gaskets, tubing fittings, and seals; tuning to

2495

operate over a broader range of proportional band; and

2496

eliminating unnecessary valve positioners.

2497

Greenhouse Gas (GHG) means the aggregate group of the

2498

following six greenhouse gases: carbon dioxide (CO2), nitrous

2499

oxide (N2O), methane (CH4), hydrofluorocarbons (HFCs),

2500

perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). These

2501

gases are treated in aggregate based on the total carbon dioxide

2502

equivalent (CO2e) as the pollutant GHG.

2503

High-Bleed Pneumatic Controller means a pneumatic

2504

controller that is designed to have a constant bleed rate that

2505

emits in excess of 6 standard cubic feet per hour (scfh) of

2506

natural gas to the atmosphere.

2507

Low-Bleed Pneumatic controller means a pneumatic

2508

controller that is designed to have a constant bleed rate that

2509

emits less than or equal to 6 scfh of natural gas to the

2510

atmosphere.

2511

Natural Gas Processing Plant means any processing site

2512

engaged in the extraction of natural gas liquids from field gas,

2513

fractionation of mixed natural gas liquids to natural gas

2514

products, or both.

106

2515

No-Bleed Pneumatic Controller means any pneumatic

2516

controller that is not using hydrocarbon gas as the valves

2517

actuating gas.

2518

Pneumatic Controller means an instrument that is actuated

2519

using pressurized gas and used to control or monitor process

2520

parameters such as liquid level, gas level, pressure, valve

2521

position, liquid flow, gas flow and temperature.

2522

"Visible Emissions" means observations of smoke for any

2523

period or periods of duration greater than or equal to one (1)

2524

minute in any fifteen (15) minute period during normal

2525

operation. Visible emissions do not include radiant energy or

2526

water vapor.

2527

"Well Production Facility" means all equipment at a single

2528

stationary source directly associated with one or more oil wells

2529

or gas wells. This equipment includes, but is not limited to,

2530

equipment used for storage, separation, treating, dehydration,

2531

artificial lift, combustion, compression, pumping, metering,

2532

monitoring, and flowline.

2533

Section 3. General Requirements.

2534

(a)

Testing

and

calibration

procedures

to

determine

2535

compliance with this regulation shall be consistent with EPA

2536

reference method 21 of 40 CFR Part 60. The reference compound

2537

may be methane or hexane. A leak is defined as a reading of

2538

10,000 ppmv of the reference compound.

2539

(b)

Hydrocarbon emissions and greenhouse gases from oil

2540

and gas operations, including methane and ethane, are subject to

2541

this regulation.

107

(c)

2542
2543

This regulation does not preempt Floridas existing

air regulations.
(d)

2544

General requirements for prevention of emissions and

2545

good

air

pollution

2546

exploration

2547

facilities,

2548

processing plants.

and

practices

production

natural

(1)

2549

control

gas

for

all

operations,

compressor

oil

well

stations,

and

gas

production

and

natural

gas

At all times, including periods of start-up and

2550

shutdown, the facility and air pollution control equipment shall

2551

be maintained and operated in a manner consistent with good air

2552

pollution

2553

Determination

2554

maintenance

2555

information available to the Department, which may include, but

2556

is

2557

review of operating and maintenance procedures, and inspection

2558

of the source.

not

of

practices
whether

procedures

limited

(2)

2559
2560

control

to,

or

are

for
not

acceptable

being

monitoring

General

minimizing

used

results,

requirements

for

will

opacity

air

emissions.

operating
be

based

and
on

observations,

pollution

control

equipment, flares, and combustion devices.

(A)

2561
and

All air pollution control equipment shall be

2562

operated

2563

specifications

2564

consistent with technological limitations and good engineering

2565

and

maintenance

maintained
or

pursuant

equivalent

practices.

to

The
108

the

owner

to

the

extent

or

manufacturing

practicable,

operator

shall

and

keep

2566

manufacturer specifications or equivalent on file. In addition,

2567

all such air pollution control equipment shall be adequately

2568

designed and sized to achieve the control efficiency rates and

2569

to handle reasonably foreseeable fluctuations in emissions of

2570

volatile

2571

operations.

2572

separator dumps into the tank are reasonably foreseeable.

organic

compounds

Fluctuations

(B)

2573
all

and

in

hydrocarbons

emissions

that

during
occur

normal

when

the

Owners and operators of storage tanks shall

2574

route

2575

equipment,

2576

emissions from the thief hatch (or other access point to the

2577

tank) or pressure relief device during normal operation unless

2578

venting

2579

safety of personnel and equipment.

is

hydrocarbon

emissions

and

operate

shall

reasonably

required

to

air

without

for

pollution
venting

maintenance,

control

hydrocarbon

gauging,

or

2580

Section 4. Storage Tank Emission Management System.

2581

(a)

2582

certify,

2583

Management System (STEM) plan to identify appropriate strategies

2584

to minimize emissions from venting at thief hatches (or other

2585

access points to a storage tank) and pressure relief devices

2586

during normal operation. As part of STEM, owners and operators

2587

shall

2588

monitoring

2589

strategies

Owners and operators of storage tanks shall develop,

and

evaluate

implement

and

employ

practices,
designed

to

document

Storage

appropriate

operational
meet

the
109

control

practices,
requirements

Tank

Emission

technologies,
and/or
set

other

forth

in

2590

Section 3(f), above, and will update the STEM plan as necessary

2591

to achieve or maintain compliance. Owners and operators are not

2592

required

2593

containing only stabilized liquids. The minimum elements of STEM

2594

are listed below.

to

develop

(1)

2595

STEM
the

and

must

implement

include

for

storage

monitoring

strategy

2597

Section

2598

emission capture performance, and, if applicable, the selected

2599

strategies.

for

frequency

evaluating

set

that

incorporates

procedures

monitoring

tanks

2596

8(e),

minimum

STEM

ongoing

forth

storage

in
tank

(2) STEM must include a certification by the owner or

2600
2601

operator

that

the

selected

STEM

2602

designed to minimize emissions from storage tanks and associated

2603

equipment components at the facility or facilities, including

2604

thief hatches and pressure relief devices.

2605

Section 5. STEM Monitoring.

2606

(a)

strategy

or

monitoring

2608

Monitoring Methods, as specified in Section 8.

(b)

are

The monitoring strategy of each STEM plan must include

2607

2609

strategies

in

In

2610

Based

2611

inspection

2612

(i.e.

2613

pressure

accordance

addition

Monitoring
of

the

separator,
reducing

to

Methods,
storage
air

with

any

Approved

applicable

audio,
tank

pollution

equipment),

Based

Instrument

olfactory

("AVO")

any

associated

equipment

control

equipment,

or

must
110

Approved

visual,

and

Instrument

be

completed

as

other

often

as

2614

liquids

are

2615

inspection is required no more frequently than every seven (7)

2616

days

2617

monitoring is not required for components and tanks that are

2618

unsafe to monitor. AVO inspection must include, at a minimum:

or

loaded

less

(1)

2619

out

from

frequently

the

than

storage

every

tank.

thirty

However,

(30)

days.

AVO

AVO

Visual inspection of any thief hatch, pressure

2620

relief valve, or other access point to ensure that they are

2621

enclosed and properly sealed;

(2)

2622

Visual

control

inspection

ensure

that

it

of
is

the

air

pollution

2624

including that the pilot light is lit on combustion devices used

2625

as air pollution control equipment;

(3)

to

monitoring

2623

2626

equipment

or

operating,

If a flare or other combustion device is used,

2627

visual inspection of the auto-igniter and valves for piping of

2628

gas to the pilot light, to ensure they are functioning properly;

(4)

2629

Visual inspection of the air pollution control

2630

equipment to ensure that the valves for the piping from the

2631

storage tank to the air pollution control equipment are open;

2632

and
(5)

2633

If a flare or other combustion device is used,

2634

inspection of the device for the presence of absence of smoke.

2635

If smoke is observed, either the equipment will be immediately

2636

shut-in

2637

perform repairs, as necessary, or Method 22 shall be conducted

to

investigate

that

potential

111

cause

for

smoke

and

2638

to determine whether visible emissions are present for a period

2639

of at least one (1) minute in fifteen (15) minutes.

2640

Section 6. STEM Recordkeeping.

2641

(a)

The owner or operator of each storage tank subject to

2642

Section 4 must maintain records of STEM as applicable, including

2643

the

2644

available to the Department upon request. In addition, for a

2645

period of two years, the owner or operator must maintain records

2646

of

2647

Department upon request, including:

plan,

any

any

updates,

required

and

monitoring

the

and

certification,

make

them

to

be

available

to

made

the

2648

(1)

The AIRS ID for the storage tank.

2649

(2)

The date and duration of any period where the

2650

thief hatch, pressure relief device, or other access point are

2651

found to be venting hydrocarbon emissions.

2652
2653
2654
2655
2656

(3)

The date and duration of any period where the air

pollution control equipment is not operating.

(4)

Where a flare or other combustion device is being

used, the date and result of any Method 22 test.

(5)

The

timing

of

and

efforts

made

to

eliminate

2657

venting, restore operation of air pollution control equipment,

2658

and mitigate visible emissions.

2659
2660

Section

7.

Leak

detection

and

repair

program

for

well

production facilities, storage tanks, and compressor stations.

112

(a)

2661

Beginning

January

1,

2015,

owners

and

operators

of

2662

well production facilities and compressor stations will identify

2663

and

2664

accordance with the requirements of this section. The following

2665

shall apply in lieu of any directed inspection and maintenance

2666

program

2667

Available

Control

2668

modified

Minor

2669

emissions units at major stationary sources) of volatile organic

2670

compounds, carbon monoxide, nitrogen oxides, sulfur dioxide, and

2671

PM10 in nonattainment and attainment/maintenance areas

2672

repair

(b)

leaks

from

requirements

components

established

Technology

Sources

(RACT)

(including

at

these

pursuant

facilities

to

Requirements
new

or

in

Reasonably
for

new

modified

or

minor

Owners and operators of well production facilities or

2673

natural gas compressor stations that monitor components as part

2674

of this section may opt to estimate emissions from components

2675

for the purpose of evaluating the applicability of component

2676

fugitive emissions by utilizing the emission factors defined as

2677

less than 10,000 ppmv of Table 2-8 of the 1995 EPA Protocol for

2678

Equipment Leak Emission Estimates (Document EPA-453/R-95-017).

2679

(c)

Owners and operators of well production facilities or

2680

natural

gas

compressor

stations

2681

Instrument Based Monitoring Method and AVO program as outlined

2682

in this section. AVO monitoring is not required of components

2683

and tanks that are unsafe to monitor or inaccessible to monitor.

2684

If a component is difficult, unsafe, or inaccessible to monitor,

113

shall

utilize

the

Approved

2685

the

2686

component until it becomes feasible to do so.

2687

owner

(d)

or

operator

Inspection

shall

not

schedules

be

for

required

natural

to

gas

monitor

the

compressor

2688

stations: Beginning January 1, 2015, owners and operators of

2689

natural

2690

leaks using an Approved Instrument Based Monitoring Method, in

2691

accordance with the following Table 2, except for components

2692

subject to Section 7(c). For purposes of this section, fugitive

2693

emissions

2694

Table 2-4 of the 1995 EPA Protocol for Equipment Leak Emission

2695

Estimates

2696

approved method.

2697

(e)

gas

compressor

shall

be

stations

calculated

(Document

shall

using

inspect

the

EPA-453/R-95-017),

components

emission

of

other

factors

for

of

Department

Table 2

2698

(1)

Fugitive VOC Emissions (tpy) Inspection Frequency

2699

(2)

>0 and < 12 Annually

2700

(3)

>12 and < 50 Quarterly

2701

(4)

>50 Monthly

2702
2703
2704

Section

8.

Requirements

for

well

production

facilities

and/or storage tanks.

(a)

All

new

well

production

facilities

shall

have

2705

documented pressure test performed on all equipment and piping

2706

prior to start up. Documentation of this 90 day testing and

2707

monitoring shall be provided in the first annual report to the

2708

Department, as required by Section 10.

114

(b)

2709

all

Beginning January 1, 2015, within 90 days of startup

2710

of

new

2711

owners and/or operators shall identify and repair leaks from

2712

components using an Approved Instrument Based Monitoring Method.

2713

Such

2714

inspection frequency schedule in Table 3.

action

(c)

2715

well

production

shall

Owners

qualify

and

facilities

as

an

operators

and/or

inspection

of

existing

storage

pursuant

well

tanks,

to

the

production

2716

facilities and/or storage tanks shall identify and repair leaks

2717

using

2718

accordance

2719

Inspection frequency shall be determined according to Table 3.

an

(d)

2720

Approved

Instrument

with

implementation

the

Based

Monitoring

schedule

in

Method,

Section

in

8(e).

Owners and operators of new well production facilities

2721

and/or

storage

2722

components using an Approved Instrument Based Monitoring Method

2723

beginning

2724

determined according to Table 3.

(e)

2725

on

The

tanks

January

shall

1,

estimated

identify

2015.

and

Inspection

uncontrolled

repair

leaks

frequency

actual

from

shall

emissions

be

from

2726

storage tanks determine the frequency at which inspections must

2727

be

2728

production facility or multi-well site, operators will rely on

2729

the potential to emit of VOC for all of the emissions sources,

2730

including emissions from components located at the facility. All

2731

components at a well production facility or storage tank must be

2732

inspected:

performed.

If

no

storage

tanks

115

are

located

at

the

well

(f)

2733

Table 3
(1)

2734

Threshold (per Section 8(e)) VOC Emissions (tpy,

2735

uncontrolled

2736

without tanks) Inspection Frequency

(2)

2737
2738

actual

for

sites

with

tanks

or

PTE

Based Monitoring Method and thereafter using monthly AVO

(3)

>6 and < 12 Annually with monthly AVO

2740

(4)

>12 and < 50 Quarterly with monthly AVO

2741

(5)

>50 Monthly

2742

(6)

Multi-well

sites

without

storage

tanks

after

January 1, 2015, that have a PTE > 20 tpy VOC Monthly

Section

2744
2745

sites

>0 and < 6 One time using Approved Instrument

2739

2743

for

9.

Repair

and

Remonitoring

for

well

production

facilities and/or storage tanks.

(a)

2746

First attempt to repair a leak shall be made no later

2747

than five (5) working days after discovery, unless parts are

2748

unavailable, the equipment requires shutdown to complete repair,

2749

or other good cause exists. If parts are unavailable, they shall

2750

be ordered promptly and the repair shall be made within fifteen

2751

(15)

2752

required, the leak shall be repaired during the next scheduled

2753

shutdown. If delay is attributable to other good cause, repairs

2754

shall be completed within fifteen (15) working days after the

2755

cause of delay ceases to exist.

working

days

of

receipt

of

116

the

parts.

If

shutdown

is

(b)

2756

Within fifteen (15) working days of completion of a

2757

repair, the leaks shall be remonitored to verify the repair was

2758

effective.
(c)

2759

Leaks

discovered

pursuant

to

the

leak

detection

2760

methods of Section 7-9 shall not be subject to enforcement by

2761

the Department unless the owner or operator fails to perform the

2762

required repairs in accordance with this section.

(d)

2763

For

leaks

identified

using

an

Approved

Instrument

2764

Based Monitoring Method, owners and operators have the option of

2765

either repairing the leak in accordance with the repair schedule

2766

set forth in this section or conducting follow-up monitoring

2767

using

2768

detected. If the follow-up Method 21 monitoring shows that the

2769

leak

2770

hydrocarbon for existing facilities (other than existing well

2771

production

2772

existing well production facilities, then the emission shall not

2773

be considered a leak for purposes of this section.

2774
2775

Method

21

within

concentration

is

facilities),

five

less

or

(5)

working

than

500

ppm

or

days

equal

for

new

of

to

the

leak

2,000

facilities

ppm

or

Section 10. Recordkeeping for well production facilities

and/or storage tanks.

2776

The owner or operator of each facility subject to the

2777

inspection and maintenance requirements in 377.6 shall maintain

2778

the following for a period of two (2) years and make them

2779

available to the Department upon request.

117

2780
2781

(a)

Documentation of the pre-start-up pressure tests for

new well production facilities;

2782

(b)

The date and site information for each inspection;

2783

(c)

A list of the leaking components and the monitoring

2784
2785
2786

method used to determine the presence of the leak;

(d)

The date of first attempt to repair the leak and, if

necessary, any additional attempt to repair the leak;

2787

(e)

The date the leak was repair;

2788

(f)

The delayed repair list including the basis for

2789
2790

placing leaks on the list;

(g)

The date the leak was re-monitored to verify the

2791

effectiveness of the repair, and the results of the re-

2792

monitoring; and

2793

(h)

A list of identification numbers for components that

2794

are designated as unsafe or inaccessible to monitor, as

2795

described in 377.6(c)., an explanation for each component

2796

stating why the component is so designated, and the plan for

2797

monitoring such component(s).

2798
2799

Section 11. Reporting for well production facilities and/or

storage tanks.

2800

The owner or operator of each facility subject to the

2801

inspection and maintenance requirements in Section 7 shall

2802

submit a single annual report on or before April 30th of each

2803

year summarizing inspection and maintenance activities at all of

118

2804

their subject facilities during the previous calendar year. This

2805

report shall contain at a minimum the following information:

2806

(a)

The number of facilities inspected;

2807

(b)

The total number of inspections;

2808

(c)

The total number of leaks identified, broken out by

2809

component type;

2810

(d)

The total number of leaks repaired;

2811

(e)

The number of leaks on the delayed repair list as of

2812
2813

December 31st; and

(f)

Each report shall be accompanied by a self-

2814

certification form. The form shall contain a certification by a

2815

responsible official of the truth, accuracy, and completeness of

2816

such form, report, or certification stating that, based on

2817

information and belief formed after reasonable inquiry, the

2818

statements and information in the document are true, accurate,

2819

and complete.

2820
2821
2822

Section 12. Control of emissions from well production

facilities.
(a)

Well Operation and Maintenance: During normal

2823

operation gas coming off a separator produced from any newly

2824

constructed, hydraulically fractured, or recompleted oil and gas

2825

well must either be routed to a gas gathering line or controlled

2826

by air pollution control equipment that achieves an average

2827

hydrocarbon control efficiency of 95% from the date of first

119

2828

production. If a combustion device is used, it shall have a

2829

design destruction efficiency of at least 98% of hydrocarbons.

2830
2831
2832

Section 13. Venting during downhole well maintenance and

unloading events.
(a)

Well Maintenance: Hydrocarbon emissions from flowing

2833

wells must be captured or controlled during downhole well

2834

maintenance or servicing activities, unless venting is necessary

2835

for safety.

2836

(b)

Operators shall use best management practices to

2837

minimize the need for well venting associated with downhole well

2838

maintenance and liquids unloading. During liquids unloading

2839

events, any means of creating differential pressure will first

2840

be used to attempt to unload the liquids from the well without

2841

venting. If these methods are not successful in unloading the

2842

liquids from the well, the well may be vented to the atmosphere

2843

to create the necessary differential pressure to bring the

2844

liquids to the surface.

2845

(c)

Venting will be minimized to the extent possible,

2846

using best management practices during the well maintenance and

2847

liquids unloading events in Section 13(b). The owner and/or

2848

operator shall be present on-site during any planned well

2849

maintenance and liquids unloading event in Section 13(b) and

2850

shall ensure that any venting to the atmosphere is limited to

2851

the maximum extent practicable.

120

2852

(d)

Records of the cause, date, time, and duration of

2853

venting events under this section will be kept and made

2854

available to the Department upon request.

2855
2856

Section 14. Natural Gas-Actuated Pneumatic Controllers

Associated with Oil and Gas Operations.

2857
2858

Applicability: This section applies to pneumatic

2859

controllers that are actuated by natural gas, and located at, or

2860

upstream of natural gas processing plants (upstream activities

2861

include: oil and gas exploration and production operations and

2862

natural gas compressor stations).

2863
2864

Section 15. Emission Reduction Requirements.

2865
2866

The owners and operators of affected operations shall

2867

reduce emissions of volatile organic compounds from pneumatic

2868

controllers associated with affected operations as follows:

2869

(a)

In the 8-Hour Ozone Control Area:

(1)

2870

All pneumatic controllers placed in service on or

2871

after February 1, 2009, shall emit VOCs in an amount equal to or

2872

less than a low-bleed pneumatic controller, unless allowed

2873

pursuant to Section 15(c).

2874
2875

(b)

All high-bleed pneumatic controllers in service prior

to February 1, 2009 shall be replaced or retrofit such that VOC

121

2876

emissions are reduced to an amount equal to or less than a low-

2877

bleed pneumatic controller, by January 1, 2015, unless allowed

2878

pursuant to Section 15(c).

2879

(c)

All high-bleed pneumatic controllers that must remain

2880

in service due to safety and/or process purposes must have

2881

Department approval and comply with Section 16 and 17.

(1)

2882

For high-bleed pneumatic controllers in service

2883

prior to February 1, 2009, the owner/operator shall submit

2884

justification for high-bleed pneumatic controllers to remain in

2885

service due to safety and /or process purposes by January 1,

2886

2015. The Department shall be deemed to have approved the

2887

justification if it does not object to the owner/operator within

2888

30-days upon receipt.

(2)

2889

For high-bleed pneumatic controllers placed in

2890

service on or after February 1, 2009, the owner/operator shall

2891

submit justification for high-bleed pneumatic controllers to be

2892

installed due to safety and /or process purposes prior to

2893

installation. The Department shall be deemed to have approved

2894

the justification if it does not object to the owner/operator

2895

within 30-days upon receipt.

2896
2897

(d)

All pneumatic controllers placed in service on or

after January 1, 2015, must:

122

(1)

2898

Emit VOCs in an amount equal to or less than a

2899

low-bleed pneumatic controller, unless allowed pursuant to

2900

377.923(f); or
(2)

2901

Utilize no-bleed pneumatic controllers where on-

2902

site electrical grid power is being used and use of a no-bleed

2903

pneumatic controller is technically and economically feasible.

2904

(e)

All high-bleed pneumatic controllers in service prior

2905

to January 1, 2015, must be replaced or retrofitted by June 1,

2906

2015, such that VOC emissions are reduced to an amount equal to

2907

or less than a low-bleed pneumatic controller, unless allowed

2908

pursuant to 377.923(f).

2909

(f)

All high-bleed pneumatic controllers that must remain

2910

in service due to safety and/or process purposes must have

2911

Department approval and comply with 377.924 and 377.935.

2912

(1)

For high-bleed pneumatic controllers in service

2913

prior to January 1, 2015, the owner/operator shall submit

2914

justification for high-bleed pneumatic controllers to remain in

2915

service due to safety and/or process purposes by March 1, 2015.

2916

The Department shall be deemed to have approved the

2917

justification if it does not object to the owner/operator within

2918

30-days upon receipt.

2919

(2)

For high-bleed pneumatic controllers placed in

2920

service on or after January 1, 2015, the owner/operator shall

2921

submit justification for high-bleed pneumatic controllers to be

123

2922

installed due to safety and/or process purposes prior to

2923

installation. The Department shall be deemed to have approved

2924

the justification if it does not object to the owner/operator

2925

within 30-days upon receipt.

2926
2927
2928

Section 16. Monitoring of Natural Gas-Actuated Pneumatic

Controllers.

2929
2930
2931
2932

(a)

This section applies only to high-bleed pneumatic

controllers identified in Section 15(c) and 15(f).

(b)

In the 8-Hour Ozone Control Area

(1)

2933

Effective January 1, 2015, each high-bleed

2934

pneumatic controller shall be physically tagged by the

2935

owner/operator identifying it with a unique high-bleed pneumatic

2936

controller number that is assigned and maintained by the

2937

owner/operator.
(2)

2938

Effective January 1, 2015, each high-bleed

2939

pneumatic controller shall be inspected on a monthly basis,

2940

perform necessary enhanced maintenance as defined in Section 2,

2941

and maintain the device according to manufacturer specifications

2942

to ensure that the controllers VOC emissions are minimized.

2943
2944

(c)

Effective January 1, 2015, each high-bleed pneumatic

controller shall be physically tagged by the owner/operator

124

2945

identifying it with a unique high-bleed pneumatic controller

2946

number that is assigned and maintained by the owner/operator.

2947

(d)

Effective May 1, 2015, each high-bleed pneumatic

2948

controller shall be inspected on a monthly basis, undergo

2949

necessary enhanced maintenance as defined in Section 2, and be

2950

maintained according to manufacturer specifications to ensure

2951

that the controllers VOC emissions are minimized.

2952
2953
2954

Section 17. Recordkeeping of Natural Gas-Actuated Pneumatic

Controllers.

2955
2956
2957
2958

(a)

This section applies only to high-bleed pneumatic

controllers identified in Section 15(c) and 15(f).

(b)

The owner or operator of affected operations shall

2959

maintain a log of the total number of high-bleed pneumatic

2960

controllers and their associated controller numbers per

2961

facility, the total number of high-bleed pneumatic controllers

2962

per company and the associated justification that the high-bleed

2963

pneumatic controllers must be used pursuant to Section 15(c) and

2964

15(f). The log shall be updated on a monthly basis.

2965

(c)

The owner or operator shall maintain a log of enhanced

2966

maintenance which shall include, at a minimum, inspection dates,

2967

the date of the maintenance activity, high-bleed pneumatic

2968

controller number, description of the maintenance performed,

125

2969

results and date of any corrective action taken, and the printed

2970

name and signature of the individual performing the maintenance.

2971

The log shall be updated on a monthly basis.

2972

(d)

Records of enhanced maintenance of pneumatic

2973

controllers shall be maintained for a minimum of three years and

2974

readily made available to the Department upon request.

126