R 324.1402 Permitting of high volume hydraulic fracturing for oil and gas wells.

Rule 1402. (1) In addition to the requirements in R 324.201, a person applying for a permit to drill and operate shall provide a statement as to whether high volume hydraulic fracturing is expected to be utilized in completion of the proposed well. (2) A permittee of a well shall not begin a large volume water withdrawal for a high volume hydraulic fracturing operation without approval of the supervisor or authorized representative of the supervisor. A permit applicant or permittee shall make a written request for approval to conduct a large volume water withdrawal and shall file the request with the supervisor at least 30 days before the permit applicant or permittee intends to begin the withdrawal. The permittee may file the request with the application for a permit to drill and operate a well or may provide the request separately to the supervisor or authorized representative of the supervisor. The request shall include all of the following information: (a) A water withdrawal evaluation utilizing the assessment tool accessed at http://www.miwwat.org/ or by a means approved by the supervisor under the conditions described in subrule (6) of this rule. (b) Information on the proposed withdrawal including all of the following: (i) Proposed total volume of water needed for hydraulic fracturing well completion operations. (ii) Proposed number of water withdrawal wells. (iii) Aquifer type (drift or bedrock). (iv) Proposed depth of water withdrawal wells, in feet below ground surface. (v) Proposed pumping rate and pumping schedule of each water withdrawal well. (vi) Available well logs of all recorded fresh water wells and reasonably identifiable fresh water wells within 1,320 feet of water withdrawal location. (c) A supplemental plat of the well site showing all of the following: (i) Proposed location of water withdrawal wells (latitude/longitude). (ii) Location of all recorded fresh water wells and reasonably identifiable fresh water wells within 1,320 feet of water withdrawal location or locations. (iii) Proposed fresh water pit impoundment, containment, location, and dimensions. (d) A contingency plan, if deemed necessary, to prevent or mitigate potential loss of water availability in the fresh water wells identified under subdivision (b)(vi) of this subrule. (3) An application for change of well status for which a large volume water withdrawal is expected to be utilized for high volume hydraulic fracturing shall include the information required under subrule (1) of this rule. (4) If the assessment tool designates the proposed withdrawal as a zone A withdrawal, or a zone B withdrawal in a cool river system or a warm river system, the supervisor shall approve the withdrawal. (5) If the assessment tool designates the proposed withdrawal as a zone B withdrawal in a cold-transitional river system, or a zone C or zone D withdrawal, the permit applicant or permittee may submit to the supervisor a request for a site-specific review. All of the following apply: (i) If the site-specific review determines that the proposed withdrawal is a zone A or a zone B withdrawal, the supervisor shall approve the withdrawal. (ii) If the site-specific review determines that the proposed withdrawal is a zone C withdrawal, the supervisor shall not approve the withdrawal unless the permittee does either of the following: (A) Self certifies that he or she is implementing applicable environmentally sound and economically feasible water conservation measures under MCL 324.32708a. (B) Obtains a water withdrawal permit under MCL 324.32723. (iii) If the site-specific review determines that the proposed withdrawal is a zone D withdrawal or likely to cause an adverse resource impact, the supervisor shall not approve the withdrawal unless the permittee has obtained a water withdrawal permit under MCL 324.32723. (6) If the assessment tool is discontinued or replaced as a requirement for designated water withdrawal evaluations under the act, a permittee shall perform a water withdrawal evaluation utilizing an alternative method and criteria approved by the supervisor to satisfy the requirements of subrules (2)(a), (4), and (5) of this rule.