SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
To subscribe to Capitol Fax, click here.
Fracking rules finally unveiled

Friday, Aug 29, 2014

* IDNR released its new fracking rules today. Lawrence Falbe took a quick look for us…


My take on the revisions is that IDNR seems to worked very hard to digest an enormous body of public comment, and revise the regulations as it saw necessary and appropriate. I think that few people will be able to argue that IDNR rushed the process or otherwise did not fairly consider the staggering volume of comments it received, even if the end result is not considered perfect by either pro- or anti-fracking proponents.

Here is my “quick hit” list of what I saw that was important in my first very quick run-through.

    • Requirement to disclose specific fracking chemicals is strengthened and burden to prove protection as a trade secret is more stringent
    • Radioactivity is now addressed and a Radioactive Materials Management Plan is now required, among other things
    • The carve-out for adverse effects to water bodies that are “wholly contained” is much more stringent, with any hydrogeological connections to off-site groundwater sources now enough to exclude this caveat
    • The permit applicant must identify efforts to mitigate the impact of HVHHF on local roads
    • Burden is on the applicant to show if local first responders have adequate training and equipment to respond to emergencies
    • Changes to the permit application to address deficiencies identified by IDNR may trigger a new public comment/hearing period on those changes
    • Tightens up rules for when an objector can demand a public hearing by requiring specific facts and regulations at issue to be identified, but softens requirement to identify witnesses at time of request for public hearing
    • Public hearings must be held WITHIN THE COUNTY of the well site when possible but in no event more than 30 MILES OUTSIDE of county of well site
    • Applicants MUST appear at the public hearing (if there is one) except in a case of documented emergency, in which case the hearing can be rescheduled but applicant must pay costs
    • Clarifies that Hearing Officer does not render a “decision” but now makes only recommended findings, and the IDNR (presumably the Director but it’s not specified) makes the decision.
    • The permit decision still has to be made within 60 days of application completion unless waived by the applicant
    • The standard for granting a permit now specifically includes consideration of potential harm to property, wildlife, aquatic life and the environment
    • The IDNR has to make specific findings in its permit decision on key input from governmental agencies and objectors that was presented by public comment/hearing
    • The permit decision must consider the incremental impact and CUMULATIVE EFFECT of past, present and future fracking operations in the same vicinity or county
    • Significant deviations to the original permit application (including changes in well dimensions, boring locations, changes to proposed containment, etc.) requires another $13,500 fee
    • IDNR can impose ADDITIONAL SETBACKS as necessary to protect public health, public safety, property, wildlife, aquatic life, or the environment
    • Baseline groundwater monitoring requires GPS coordinates
    • Burden for claiming technical or economic infeasibility of complying with requirements to manage natural gas and hydrocarbon fluids produced during flowback periods is more stringent
    • Excess fluid in a reserve pit must be removed within 7 days after it is deposited
    • SITE Restoration is MANDATORY and cannot be contractually waived between site owner and permittee

Note that the new requirement that a well permit application decision must consider incremental impacts and “cumulative effects” (Section 245.300(c)(4)(vii)) is HUGE and could have a major impact on incentivizing companies to rush to get permitted, for fear that an overabundance of wells in a certain area may make additional permits harder to get as time goes on.

- Posted by Rich Miller        

  1. - VanillaMan - Friday, Aug 29, 14 @ 1:54 pm:

    It was either this or video gaming at every McDonalds, Burger King and KFC booth and drive up window.

  2. - Anonymous - Friday, Aug 29, 14 @ 2:03 pm:

    Gee, thoughtful consideration of both sides and a balance between the two. I thought they were just slow rolling?

    Good job all involved, despite the hand-wringing from both sides IDNR were the adults I the room.

  3. - Hack in the Back - Friday, Aug 29, 14 @ 2:03 pm:

    The Commenter Index is unprecedented. It’s the who’s who of fracking in IL.

  4. - wordslinger - Friday, Aug 29, 14 @ 2:07 pm:

    OK, start making money.

  5. - Down South - Friday, Aug 29, 14 @ 2:19 pm:

    The Commenter Index is indeed quite interesting. It is basically a roster of every ecoreligionist in Illinois. Shows clearly the urgent involvement of those who wished to block the drillers.

    The Commenter Index also shows the lack of involvement of individuals who are in counties which stand to gain from fracking. Most names are from Chicago, Carbondale, etc.

  6. - dupage dan - Friday, Aug 29, 14 @ 2:32 pm:

    === OK, start making money. ===

    With that long list it could take awhile - I hope not. The applicants are keen - there is real money to be made.

  7. - John A Logan - Friday, Aug 29, 14 @ 2:41 pm:

    Finally, the savior of Southern Illinois has arrived! God Bless You Pat Quinn and the fracking industry! Hallelujah!

  8. - Just Saying - Friday, Aug 29, 14 @ 2:44 pm:

    Most of these proposed changes are non-starters with industry. Don’t see these passing.

  9. - Demoralized - Friday, Aug 29, 14 @ 2:54 pm:

    ==Most of these proposed changes are non-starters with industry. Don’t see these passing.==

    Let the whining begin. You figure out a way to 100% satisfy everybody you let us know.

  10. - Ghost - Friday, Aug 29, 14 @ 3:07 pm:

    about fracking time…..

    VMan you say that like its a bad thing? we could put these on parking meters, play for a free parking

  11. - dupage dan - Friday, Aug 29, 14 @ 3:08 pm:

    Apparently one company has allowed their lease to expire possibly due to the delays in the approval process. There’s plenty of gas to be drilled in Indiana. It’ll be interesting to see if the path of least resistance leads east.

  12. - Going nuclear - Friday, Aug 29, 14 @ 3:16 pm:

    I think DNR took a measured approach. It’s important to get this right from the start.

    Look what’s going on in Pennsylvania. The state environmental protection agency recently made public 243 cases of contamination of private drinking wells from oil and gas drilling operations.

    Let’s make sure fracking is done safely here.


  13. - Judgment Day - Friday, Aug 29, 14 @ 3:33 pm:

    “Most of these proposed changes are non-starters with industry. Don’t see these passing.”

    It’s not just a matter of ‘passing’. It’s more Administrative Rules/JCAR, which as I look at more of a technical document writing process.

    And industry may howl initially, but IDNR, the anti-fracking folks, and eventually the legislature will be saying “what were we thinking of?” And that’s where the most noise will be coming from.

    This same type of issue, is why in many ways we were never able to get a real, custom designed statewide building code passed into law.

    Most, not all, but enough came to the realization that a ‘one fits all’ regulatory environment doesn’t work very well in practice across the entire state, even excluding Chicago (even all of Cook County). The law just can’t keep up with technology.

    And fracking technology is always changing. So that’s going to be a lot of $13.5k fees and paperwork, but remember, the fracking companies can far outpace the regulatory agencies in paperwork. After all, for the oil/fracking companies, it’s their BUSINESS. For the regulators, it’s just one area.

    And please note, the local health departments (Environmental Health) are going to be ‘players’ in this. Is anybody aware, for example, that Richland County (Olney, IL), which is right smack in the middle of the S. Illinois oil patch, has no chartered health department? I mean, NONE.

    That’s going to be an interesting ‘work around”.

    Also, with the rules on potential drilling (such as ‘incremental impacts’ and ‘cumulative effects’), you will have immediately created immediate litigation over those terms, but also a fairly immediate secondary market for existing wells and related support facilities.

    Just a thought, but you may want to re-think this particular one, as you are potentially kicking over a hornets nest known as MERS (Mortgage Electronic Registration Systems, Inc. (MERS)).

    The link is:

    Remember, MERS handles all UCC (Uniform Commercial Code) documents for virtually all places in the US, and that includes Southern Illinois. A secondary marketplace for the fracking business might very well fall under the UCC provisions. Oh, this could be some serious ‘fun’.

    Just a few initial thoughts to consider.

  14. - Illiana - Friday, Aug 29, 14 @ 4:02 pm:

    Either way the natural gas will be extracted eventually. Those who want to prevent fracking will fail for economic reasons & those who want it easier are not going to increase the amount of natural gas in the ground. The past of least resistance cannot increase the amount extracted over the long term.

  15. - 4 percent - Friday, Aug 29, 14 @ 4:02 pm:

    Unfortunately, many of these changes go beyond the scope of the legislation and fragile agreement that resulted in support from enviros, ag, and business community. While they may seem to “make sense” they don’t reflect the “give and take” that resulted in the historic agreement. Several items go far beyond what was negotiated by both sides.

  16. - wordslinger - Friday, Aug 29, 14 @ 4:05 pm:

    –Apparently one company has allowed their lease to expire possibly due to the delays in the approval process. There’s plenty of gas to be drilled in Indiana. It’ll be interesting to see if the path of least resistance leads east–

    So someone else will get it. They’ll drill where it’s juicy.

    For more 100 years, the elected Texas Railroad Commission has ruled where you can drill and how much you can take out of the ground, every month.

    I don’t think any drillers abandoned Texas over that hyper-regulation.

  17. - Judgment Day - Friday, Aug 29, 14 @ 4:14 pm:

    IF the fracking community is really smart, they will have performance time frames included for IL DNR. Because IL DNR will likely never be able to meet any reasonable time frames.

    And as a result, eventually there will be enough of a firestorm over IL DNR performance that moderating legislation will get passed that will be more in line with reasonable expectations.

    The State of Illinois will pass these hideously complicated rule sets, then do an ‘epic fail’ in terms of IL DNR regulatory performance, and as a result, will get their brains kicked out with new legislation meant to correct the resulting IL DNR regulatory failures.

    It’s going to be like the FOID card performance, only far bigger, and more complex. And somebody will come along and use IL DNR performance metrics as an example of why changes have to occur.

    Wait for it…..

Sorry, comments for this post are now closed.

* Dold demanded DCCC ad linking him to Trump be taken off the air
* Rauner handing out bonuses to non-union employees
* Miles away and worlds apart
* Question of the day
* *** UPDATED x1 *** Everybody wants to get into the act
* The opposite of slick
* The Trib's closing argument: It's all about Madigan
* The expectations game
* Did Rauner kick a big can?
* More unintended consequences?
* From 23 down to 0
* Hey, Cub fans!
* An amateur nails it
* It can always get worse
* Republicans dispute Trib numbers, say Madigan doing better than realized
* Trump not cooperating with Rauner's best laid plans
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* This just in... $12 million contribution to Leader Durkin, $2 million to Munger
* Yesterday's blog posts

Visit our advertisers...






Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

* Xiaomi unveils concept phone with near bezel-less display
* Smartwatch vendors reportedly shipped 51.6% fewer units in Q3 2016
* Apple Pay makes official Japan debut with Suica support for public transport use
* Xiaomi announces the massive 6.4-inch MI Mix concept phone with a 91.3% screen-to-body ratio
* That Daydream-separate Google VR headset is reportedly ‘advancing’ quite rapidly
* HYPR raises $3 million to keep hackers from getting their hands on your fingerprints
* Latest round of Galaxy S8 (Edge) gossip includes up to 8GB RAM, 80 percent screen-to-body ratio

* White Sox developing promising OF prospects
* Podcast: 2016 White Sox Outfield Review
* mikecws91's Offseason Plan
* The ten best developments of the 2016 White Sox season
* KenWo4LiFe's off-season plan
* Getz to oversee White Sox Minor Leagues
* Getz to oversee White Sox Minor Leagues


Main Menu
Pundit rankings
Subscriber Content
Blagojevich Trial
Updated Posts

October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005


RSS Feed 2.0
Comments RSS 2.0


* Ohio, Illinois governors place bets over Cubs-I.....
* Illinois, Ohio governors place bets over Cubs-I.....
* Ohio, Illinois governors place bets over Cubs-I.....
* Ohio, Illinois governors place bets over Cubs-I.....
* Kasich, Illinois governor place bets over Chica.....
* Ohio, Illinois governors place bets over Cubs-I.....
* Ohio, Illinois governors place bets over Cubs-I.....
* Ohio, Illinois Governors Place Bets Over Cubs-I.....
* Ohio, Illinois governors place bets over Cubs-I.....
* Ohio, Illinois governors place bets over Cubs-I.....

* Ohio, Illinois governors place bets over Cubs-Indians series
* EXCHANGE: Eagle Scout establishes new campsite
* Hand, foot and mouth disease spreads on Illinois campus
* Cleveland's Ontario Street center of sports world Tuesday
* Protesters set up camp in project's path for the 1st time
* Recording '59 JFK speech to be played in Illinois theater
* Recording '59 JFK speech to be played in Illinois theater
* Want to see World Series at Wrigley? It will cost thousands
* Want to see World Series at Wrigley? It will cost thousands
* Authorities: Skydiver dies after hitting sign in Illinois

* Feds end lease with Illinois for state park, citing neglect
* Statehouse Insider: Tomorrow's a new day; in Illinois, that may not be good
* Cook County lawyer who posed as judge criminally charged
* 1,100 non-union state workers getting $3,016 bonuses
* Springfield veteran honored for volunteer work
* Central Illinois soldier killed in Afghanistan
* Rauner administration awarding more than $3 million in bonuses to non-union workers
* SIU injury-prevention program reinstated through stopgap budget
* Survey: 386 state jobs could relocate to Springfield
* SIU injury-prevention program reinstated through state's stopgap spending plan

* Caterpillar rally imperiled as sales recovery proves elusive
* U of I biz school gets Deloitte gift to help fund transformation
* Lions and Cubs and angry aldermen, oh my
* Emanuel taps United exec as new McPier chairman
* Ready for sticker shock? Obamacare prices revealed

* Metra UP-NW trains delayed after vehicle gets stuck on tracks
* Man shot in Brighton Park
* Today at the Chicago International Film Festival: ‘Fire at Sea’
* Clinton ahead of Donald Trump in new CNN poll
* Obama guidance, press schedule Oct. 25. 2016. Los Angeles
* Illinois Route 390 ramp closed in Itasca
* Man shot in Marquette Park
* Man wounded in West Englewood shooting
* Obama helping Democrats in close Senate, House races
* Dear Abby: Should I report a baby with bruises?

* Trump can't just be defeated. He must be humiliated.
* Watch 'The Late Show' credit an evil wizard for Cubs playoff success
* QVC is launching a new TV channel dedicated entirely to beauty products
* Health questions remain, but Sen. Kirk won't release medical records
* 16-year-old boy killed, 11 people wounded in Chicago shootings
* Double-murder suspect wanted in Oklahoma accused of filming crime spree
* Illinois Obamacare premiums rise by double-digits for 2017 plans
* Cancer center founder asked about new wife's jewels at divorce trial
* Three friends killed in crash during trip to Milwaukee: 'We are absolutely devastated'

The widget AQL4JYGHIY powered by Feed Informer does not exist.

* Our Opinion: Endorsing Bourne, DelGiorno for the Illinois House
* Kathleen Parker: You can dress him up, but Trump is Trump
* Our Opinion: Leslie Munger endorsed for Illinois comptroller
* Feds end lease with Illinois for state park, citing neglect
* Our Opinion: With poor choices, Clinton gets nod for president
* Statehouse Insider: Tomorrow's a new day; in Illinois, that may not be good
* Bernard Schoenburg: DelGiorno apologizes for backer's vulgar Facebook post
* Cooler temperatures lead to greater needs
* Women for Women tops half million mark
* Cook County lawyer who posed as judge criminally charged

* Podcast: Paul Osborne 10/25/16
* Obama is vicious, Hillary no better
* Shelden best man for recorder's post
* Candidate ought to attend meetings
* Chelsey Byers/Family Life: Keep Halloween age-appropriate for your kids
* This day in history, Oct. 25, 2016
* Jim Dey: That's the ticket, Cubs fans, courtesy of Mr. Max
* Sneaker production may rebound in U.S.
* Manor at Prairie Crossing groundbreaking set for Friday
* Nation's future is up for grabs

* Can St. Charles do anything about O'Hare jet noise?
* Dawn Patrol: Will Schwarber be DH for Cubs in Game 1 tonight?
* Charges dropped against congressional candidate from Indiana
* Why this Chicago Cubs team is not affected by hype, history
* Pediatricians: Babies should sleep in same room as parents

* House lawmakers overcome hurdle on key tra...
* Rodney Davis talks funding with Bloomingto...
* The agency that fought Illiana gets a new ...
* Rep. Dold takes educational cruise down Ch...
* Lawmakers decry high turnover rate of VA h...
* CBD Oil, and politics
* Simon considering state Senate bid
* Killer Congressman Tom MacArthur trying to...
* Shutdown? State may not notice
* Rep. Bob Dold

* Cubs-Indians World Series tickets could cr......

* Health questions remain, but Sen. Kirk won......
* Race between Duckworth, Kirk key to determ......

* Illinois REALTORS® urge voters to reelect Sen. Rezin
* Morning Minute: First-time buyers help push U.S. home sales higher in September
* Vote for Sen. Forby says Illinois REALTORS®
* CFPB power among topics that attract exceptional webinar attention
* Schimpf receives IE support from Illinois REALTORS®
* Illinois REALTORS® give Rep. McAuliffe IE support
* Helping Lake County immigrant families gives local REALTOR® joy
* Morning Minute: Get your house ready now for the winter months
* Illinois REALTORS®: Vote Reick for Illinois House District 63
* 24 candidates who deserve REALTOR® support in general elections

* Governor’s Children’s Cabinet Makes Lead Poisoning Prevention A Priority - October 23-30, 2016 - National Lead Poisoning Prevention Week
* Illinois EPA Sponsors Interactive Environmental Education Event with Riverton Elementary School - Riverton Third and Fourth Graders “Dive In!” to Celebrate the Environment
* Illinois Department of Veterans’ Affairs Honors Veteran Mr. George Pempek
* Illinois Partners with State of Telangana, India to Strengthen Smart State Initiatives - State to state agreement to accelerate opportunities and service to citizens
* Illinois EPA Announces Vehicle Emissions Testing Network Updates - New Contract to Offer More Efficient, Less Expensive Tests

      Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller