image
SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
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…

Rich,

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        


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

    Well.
    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.

    See: http://online.wsj.com/article/AP16a162b66b5946d0837c7395cab7a5f4.html


  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: http://en.wikipedia.org/wiki/Mortgage_Electronic_Registration_Systems

    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.


* Cardinal Francis George services announced
* Reader comments closed for the weekend
* Caption contest!
* Question of the day
* Hold off a bit, please
* The mental health cost shift
* Credit Unions – “People Helping People” and their Communities
* Redefining Darin
* *** UPDATED x1 - Rauner response *** Madigan to Rauner: Disclose how you reached your budget decisions
* Today's must-read
* *** LIVE *** Session coverage
* *** UPDATED x1 *** This morning's "right to work" tally
* SUBSCRIBERS ONLY - Supplement to today’s edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............

...............

...............


Search This Blog...

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

Search the 98th General Assembly By Keyword

          
        * Apple Watch, LG G4, Galaxy S6 bending comments & more – Pocketnow Daily Recap
        * What The Apple Watch Could Be
        * With Hykoo, You Can Combine Video And Text To Create 12-Second Short Films
        * Square Enix’s Masters of the Masks: different yet typical
        * Sprint starts pushing out Lollipop update for Spark-branded Galaxy S4’s
        * Groupon is holding a fantastic promotion on the Chromecast [Deal]
        * Samsung Galaxy Tab A 8.0 passes through TENAA

        * This Week's Top Downloads
        * New Apple Watch Sport band colors revealed in Italy
        * Learn the Basics of Ladder Safety with This Illustrated Guide
        * When the iPhone vs. Android Fight Comes to Blows
        * Look up Movies, Music, Locations, and More with an OS X Shortcut
        * Give Up on Unnecessary Projects to Accomplish More
        * Stop Searching for the Barcode to Get Through Self-Checkout Faster

        * Abreu's slam highlights seven-run frame to lift White Sox
        * 'Hybrid' Sale battles early, cruises with big lead
        * Largest offensive output displays White Sox potential
        * Abreu's slam highlights seven-run frame to lift White Sox
        * Abreu's slam highlights seven-run frame to lift White Sox
        * White Sox 12, Tigers 3: Offense unloads in support of Chris Sale
        * White Sox send Quintana to hill in series finale vs. Tigers

        ...............


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        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

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * Davenport recognized for repairing soldier's home..
        * Silfverberg's last-minute goal puts Ducks past .....
        * Caution: Gov. Rauner's Harsh Budget Reality and.....
        * Does Rauner know what voters want in budget bat.....
        * Rauner trying to broker megadeal in legislature..


        * Section of Mississippi River reopened after diesel fuel leak
        * Man who fled after fatal hit-and-run extradited to Chicago
        * Man who fled after fatal hit-and-run extradited to Chicago
        * N. Illinois judge says Outlaws cannot reclaim vests, patches
        * $54M Dixon theft now subject of college courses
        * Rauner trying to broker mega-deal in Illinois Legislature
        * Illinois House OKs bill to create bobcat hunting season
        * Police: Man shot, killed by Chicago officer
        * Cardinal Francis George, key Catholic orthodoxy voice, dies
        * Attorneys seek dismissal of charges in Islamic State case

        * Statehouse Insider: We're getting to the bottom of this
        * Bernard Schoenburg: Bruce Rauner is no Jim Thompson on labor issue
        * Madigan forms committee to review Rauner budget activities
        * Bill expanding in-car blood-alcohol devices passes House
        * Bobcat hunting bill passes House by slim margin
        * Madigan forms committee to review Rauner budget actitivities
        * State restores part of funding cut from schools
        * Bill banning powdered alcohol cruises through Senate
        * Official state pie? Illinois House approves the pumpkin variety
        * Springfield branch of The Autism Program lays off five workers

        * Teacher, what's white-collar crime?
        * How could Chicago Public Schools be so dumb?
        * Now an even easier way to get mac 'n' cheese delivered to your home
        * OCC owners want dibs on half the pie
        * Bruce Rauner is no info junkie, and it shows


          * Woman, young son killed in Bolingbrook crash
          * Woman arriving from Jordan arrested at O'Hare in 2009 Kansas murder
          * Cardinal George's legacy one of conviction, humility, Chicago Catholics say
          * Prosecutors: Teen fatally shot man in 'drug deal gone bad'
          * Prosecutors: Armed guard sexually assaulted another woman
          * Woman starved 2 puppies, forced other dogs to fight: Prosecutors
          * 1 wounded in Austin neighborhood shooting
          * Driver crashes into porch of Elgin home
          * $54M Dixon theft now subject of college courses
          * 3rd man charged in fatal shooting behind Dunkin' Donuts in Cragin


          * Cardinal Francis George helped 'make his people holy'
          * Remembering Chicago's Cardinal Francis George
          * George helped 'make his people holy'
          * Schock donor sues ex-US congressman seeking reimbursement
          * Is that the Loch Michigan Monster lurking off Fullerton Beach?
          * Chicago's retired Cardinal Francis George dies at 78
          * Canine flu outbreak sickens hundreds of dogs in Midwest
          * Rauner's first 100 days: The politics of negotiating a budget
          * 'Right to Try' measure passes Illinois House
          * Chicago council approves $5M settlement in police shooting


          * Statehouse Insider: We're getting to the bottom of this
          * Statehouse Insider: We're getting to the bottom of this
          * Our Opinion: Stick up for taxpayers, charge Schock for special election
          * Bernard Schoenburg: Bruce Rauner is no Jim Thompson on labor issue
          * Bernard Schoenburg: Bruce Rauner is no Jim Thompson on labor issue
          * Madigan forms committee to review Rauner budget activities
          * Heather Eagleton: Illinois should regulate step therapy treatments
          * Bill expanding in-car blood-alcohol devices passes House
          * Bobcat hunting bill passes House by slim margin
          * Our Opinion: Springfield's flood warning signs an investment in safety


          * Voice of The Southern: Injustice fueled by the drug war
          * Caseloads: By the Numbers
          * Births
          * The high price of justice: Sixth Amendment guarantee deteriorating under current U.S. legal system
          * Patty Nordmann
          * Brenda Tinsley
          * Pamela LaBotte
          * Marjorie Claudin
          * James Harris
          * Billy Otey


          * Iran Guard rejects inspection of military sites
          * Breakaway Turkish Cypriots vote for new leader
          * St. Charles East's Decker breaks 2 school records
          * FC Dallas beats Toronto FC 3-2 after 3-hour weather delay
          * Press, Red Stars win season opener

          * Democratic candidates are ready for Hillar...
          * Heat Turned Up on Obama to Recognize Armen...
          * POLITICAL NOTEBOOK: Woodall co-sponsors bi...
          * Bustos talks college affordability at Blac...
          * NZPI’s “Back to the Future” Conference
          * Congresswoman Robin Kelly Statement on the...
          * Legislators Move Forward With Disaster Dec...
          * Transit representatives, state politicians...
          * Herrick Team Wins Reserve Honors at 4-H Ro...
          * Lawmakers: Bill could increase federal fun...

          * A Blenheim man who can barely walk is in d......
          * The Bigot Game...
          * The Loretta Lynch Race Game...
          * With just under three weeks until Polling ......
          * Ringo Starr, Joan Jett, Lou Reed were amon......

          * Steve Chapman: The faint case for Rand Paul...
          * Sen Mark Kirk, R-Illinois, blasts the late......

          * The Old Turnaround
          * Marco Rubio talks "radical Islam," 2nd Amendment at NRA Leadership Conference
          * Asked why Hillary should be President, college kids give exact same response
          * New Police Commanders In Both Uptown Districts
          * Gene Roddennberry's intro to "The Cage"
          * Church in North Caolina Vandalized by Gay Activists
          * Church in North Carolina Vandalized by Gay Activists
          * Waddle Over To The Milwaukee County Zoo To Celebrate World Penguin Day
          * Durbin: Hillary would be an "extraordinary" president
          * Foster: Rubio, just another token candidate


          * Illinoisans Receive Governor’s Volunteer Service Award - 6thAnnual Awards Ceremony to be Held on April 20thin Springfield
          * Get Smart About College Planning During Money Smart Week® - College Illinois!® 529 Prepaid Tuition Program offers tips to plan for--and afford--the cost of college
          * Motorcycle Season Revs Up, Riders Urged to “Gear Up-Ride Smart” - New Campaign Touts Staying Safe Through Proper Gear, Education
          * IDOT’s Operation Teen Safe Driving Program Announces 2014-15 Winning Schools - Innovative Program Helps Save Lives, Promotes Safe Driving Habits
          * State of Illinois Takes Action on Medical Cannabis Dispensary Applicants





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