Seriously, this means that they can brink “stuff” into this state with no inspection and inject it into our soils? That is off the charts.
Today (Sunday, 12/1/13) is Day 17 of the IDNR Comment Period on Fracking. Thanks for hanging in there with us even on this holiday weekend!
Topic – The term “Competitive Value” is not defined but affords fracking operators the right to withhold chemical disclosure
- Go to: http://www.dnr.illinois.gov/OilandGas/Pages/OnlineCommentSubmittalForm.aspx
- Click the button: Subpart G Chemical Disclosure; Trade Secrets(245.700-245.730)
- In the “Section” dropdown box, click: 245.720 Department Publication of Disclosures and Claims of Trade Secret
- Submit your comment/s (below)
- Click “Submit”
Section 245.720(d) of the Proposed Hydraulic Fracturing Regulatory Act administrative rules, states: IDNR allows permit applicants to withhold chemical disclosure information under a claim of “trade secret” if they can establish that (1) the information has not been published, disseminated, or otherwise become a matter of general public knowledge, and (2) the information has competitive value.
Problems with this section:
- “Competitive value” is not defined in the various administrative code definitions.
- There is no IDNR administrative criteria provided which is the basis of “competitive value” other than, apparently, a self-identified one provided by the fracking operator.
Why these are problems:
- Undefined and catch-all allowances for generic “competitive value” open the door for any and all dangerous chemicals to be undisclosed simply based on the operators desire to do so.
- Individual ingredients in the various chemical products used during hydraulic fracturing cannot be considered trade secrets under the criteria “competitive value”. The regulations should be revised to state that information on file with IDNR must be disclosed to the public.
- Raising such an allowance for a fracking operator to not disclose potentially dangerous chemicals based on “competitive value” automatically gives them more power than the basic claim of the law which is to protect the environment of Illinois.
- “Competitive value” must be fully defined within the rulemaking.
- Competitive value must not in any way supersede a determination of the public right to know and the basic legislative and Illinois Constitutional provision of a healthy and safe environment for its citizens.
- Any conflict between “competitive value” and the public right to know must be decided on the inherent protection of the citizens and the environment.
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