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.


* Reader comments closed until Tuesday
* Oh, for crying out loud
* Not as simple as it may look
* *** UPDATED x1 *** State complies with court order on DD payments
* *** UPDATED x1 *** Question of the day
* Nuding praises Arduin
* YOU Matter to Illinois Credit Unions
* *** UPDATED x1 *** Point, counter-point
* Not there yet
* Will remap reform proposal hurt Democrats?
* Where are they now?
* Putting two and two together
* No excuse for this loophole
* From a "trap" to a "magnet"
* FOP wants override of AFSCME bill veto
* Report: 34,000 losing independent living services
* No movement yet
* Today's number: $58.1 million
* 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

          
        * LG takes the wraps off brand new SmartThinQ sensor
        * LG announces limited edition Watch Urbane Luxe
        * Sony Xperia Z5 Premium, Z5 and Z5 Compact detailed on video ahead of IFA
        * Find and play music with Cortana
        * Android Community Weekly Digest: Aug. 30, 2015
        * Gionee GN9007 will actually be called the Gionee S5.1 Pro
        * Sony Xperia Z5 surfaces in video

        * White Sox Minor League Update: Aug. 30-Sept. 5
        * White Sox steal finale win from Mariners
        * Ventura keeps disappointment in perspective
        * White Sox battle back, capitalize on error
        * Rotation adjustment made for road trip
        * Sale tries to figure out playoff-chasing Twins
        * White Sox 6, Mariners 5 (11 innings): Charity accepted

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


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

        Archives
        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

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * Medical marijuana cultivation center takes shape near Anna
        * Southern Illinois city to buy vacant outlet mall
        * Autopsy set in weekend Swansea stabbing that left woman dead
        * EXCHANGE: First house in Plainfield example of preservation
        * Authorities: 2 Texans killed in Illinois plane crash
        * Report: Charities received little of millions company raised
        * Woman dead, child severely injured in Swansea stabbing
        * Charges announced in Robbins crash that killed parents
        * Scientists help when suburban corpse flower doesn't bloom
        * Illinois investigates parole board members' bankruptcies

        * Exelon mulls closure of unprofitable Quad Cities nuclear plant
        * Illinois investigates parole board members' bankruptcies
        * Exelon mulls closure of unprofitable Quad Cities nuke plant
        * Illinois investigates state parole board members' bankruptcies
        * Statehouse Insider: Illinois State Fair: Fair or flop?
        * Illinois will be first state to lock painkiller pill bottles
        * Donna Arduin out as Gov. Rauner's state budget adviser
        * Cash-strapped Illinois: Can't do 'impossible' on social service payments
        * Arduin out as state budget adviser
        * Rauner signs bill allowing township governments to dissolve

        * Waiting for Godot, and Spirit Airlines
        * No more porn in Hyatt Hotels?
        * Market for taxi medallion loans grinding to a halt
        * What Americans really think about McDonald's
        * New hospital won't go it alone


          * The color of his shirt cost college student Alan Oliva his life
          * Extra-alarm fire in Lincoln Square
          * 2 shot in Rogers Park, 1 shot in South Chicago neighborhood
          * Two charged in crash that killed Robbins couple
          * Speakers: Act, don't just remember Emmett Till
          * 'Flames had to be just ferocious': 2 die in suspicious Southwest Side fire
          * Mayor: Equip all Milwaukee beat police with body cameras
          * Police release sketch of suspected Willowbrook attacker
          * Cops: Man with dementia missing from Humboldt Park has been located
          * Botanic Garden corpse flower 'Spike' gets assist to open


          * The Rev. David Hoefler: Springfield diocese not targeting non-Catholics
          * Exelon mulls closure of unprofitable Quad Cities nuclear plant
          * Illinois investigates parole board members' bankruptcies
          * Our Opinion: Drop in Illinois State Fair attendance not such a mystery
          * Bernard Schoenburg: 'Great conversation' has Rep. Rodney Davis hopeful about VA head
          * Statehouse Insider: Illinois State Fair: Fair or flop?
          * Statehouse Insider: Illinois State Fair: Fair or flop?
          * Write to us: Tell us your volunteer story
          * Illinois will be first state to lock painkiller pill bottles
          * Donna Arduin out as Gov. Rauner's state budget adviser


          * Experience counts in area boys' soccer
          * Flaws sets Illinois soccer scoring record in win
          * Illini football's recruiting future murky
          * Matsuri Festival
          * UI Women's Soccer vs St. Louis
          * Charge in drug case
          * Judah Christian soccer not down after injuries
          * Tate: Unpopular opinion may be top choice
          * Pieters captures first European Tour win
          * N-G Top 10: Area boys' soccer (Aug. 31)


          * Spain to hand over US-Belgian arrested over blood diamonds
          * From creativity to corruption, Mandel was a political force
          * Autopsy set in weekend Swansea stabbing that left woman dead
          * 2 journalists charged in Moroccan king blackmail claim trap
          * Wisconsin's Walker looks to Iowa to regain momentum

          * 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

          * Illinois' Durbin gets a shot at political ......
          * Sen. Durbin gets shot at redemption with I......

          * Shangri-La set to tee off at NBO Golf Clas......

          * Ives: Open Letter to College of DuPage Trustees
          * McConchie Featured Speaker at Republican Assembly of Lake County Meeting
          * The Moral Case For Freedom at AFP's Defending The Dream Summit
          * Thousands Of Sociologists Just Had A Convention In Chicago
          * Sox Gonna Sox
          * Led Cubs
          * The "40" Film showing Thursday night in Glen Ellyn
          * Huge Crowds Gather in Aurora to Protest Planned Parenthood [video]
          * The Beachwood Radio Hour #66: My Newspaper Waterloo
          * TrackNotes: Don't Go, American Pharoah


          * Governor Announces Appointments
          * State to Issue $16 million in Credits to Reverse Penalties for Monthly Electronic Wage Reporting - Rules provide relief for nearly 13,000 employers over the next six months
          * GOMB Director Issues Statement
          * Governor Takes Bill Action
          * Governor Rauner Requests SBA Assistance for Grundy, Iroquois Counties - Declaration would help people and businesses affected by summer storms with low-interest, long-term loans to help with recovery




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