When we got in the faces of the 5 renegade environmental groups, they claimed that IDNR would tighten up things to take in our concerns. So far that ain’t been ahappening. We will just have to see what happens after the comment period closes.
Today (Tuesday, 12/10/13) is Day 26 of the Comment Period of IDNR. Getting tired of making comments? We understand. But if we don’t fight, the industry will win because their fingerprints are all over these rules. Fight back. Make a comment today.
Today’s Topic: IDNR’s Duties and Responsibilities to Protect the Citizens of Illinois
- Go to: http://www.dnr.illinois.gov/OilandGas/Pages/OnlineCommentSubmittalForm.aspx
- Click the button: Subpart C: Permit Decisions
- In the “Section” dropdown box, click: 245.300 Permit Decisions
- Submit your comment/s (below)
- Click “Submit”
Comment:
In Section 1-130 of the regulatory statute, the legislature granted IDNR authority to adopt rules to carry out the legislature’s purposes.
There are at least two legislative purposes in the regulatory statute:
- To allow horizontal fracking in Illinois,
- To approve horizontal fracking conditionally based on the safeguarding of public health and public safety, and the protection of the environment.
This purpose is set forth explicitly in two places in the regulatory statute–Section 1-75(a)(2) and Section 1-53(a)(4). IDNR has acknowledged 1-75 verbatim, in Section 245.800(2) of the proposed rules: “All phases of high volume horizontal hydraulic fracturing operations shall be conducted in a manner that shall not pose a significant risk to public health, life, property, aquatic life, or wildlife.”
But IDNR has changed the legislature’s language in Section 1-53(a)(4) of the proposed rules, lowering the standard explicitly created by the legislature. Section 1-53(a)(4) of the legislation states: “The Department shall issue a high volume horizontal hydraulic fracturing permit, with any conditions the Department may find necessary, only if the record of decision demonstrates that: the proposed hydraulic fracturing operations will be conducted in a manner that will protect the public health and safety and prevent pollution or diminution of any water source.” The key phrase there is”will be conducted”. Clearly the intent of the statute is that fracking will only be allowed if it is conducted in a safe manner.
IDNR’s proposed Section 245.300 changes the legislative words “will be conducted” to “as proposed, are reasonably expected to be conducted”. This lowers the standard and is inconsistent with the legislature’s stated purpose. “Will be conducted” is a mandate; “reasonably expected to be conducted” is not.
If hydraulic fracturing outcomes in Illinois mirror effects of other states, we can “reasonably expect” that the industry will cut corners and violate standards. There have been over 3000 violations in PA since 2009 and they are not minor violations. They involve infractions such as:
- 224 violations of “Failure to properly store, transport, process or dispose of residual waste.
- 143 violations of “Discharge of pollutional material to the waters of Commonwealth.
- 140 violations of “Pit and tanks not constructed with sufficient capacity to contain pollutional substances.
The residents of Illinois are depending on IDNR to protect their health, their safety, and the safety of their water, air, and soil. IDNR needs to return the legislation’s intent and mandate that hydraulic fracturing operations will only be conducted in a manner that will protect the public health and safety and prevent pollution or diminution of any water source.”
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Bloomington, IL 61701
United States
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Go there and comment. More tomorrow thank God.
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