Category Archives: comments on proposed IDNR regulations

Frackers Always Tell The Truth – Not

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Frackers want to make big changes in their drilling plans without telling anybody. Please tell them to stop this.

 

Day 37 (11/21/13)

Topic: What constitutes a “significant deviation” in a permit and how should it be addressed with regard to the public’s right to know and comment.

Section 245.330 narrows it’s counterpart in the law and also sets up a system that keeps citizens largely in the dark about changes to permits that may well be significant.

Section 1-55(c) of the Act addresses modifications by the applicant.  It states, “If the Department determines that the proposed modifications constitute a significant deviation from the terms of the original application and permit approval, or presents a serious risk to public health, life, property, aquatic life, or wildlife, the Department shall provide the opportunities for notice, comment, and hearing required under Sections 1-45 and 1-50 of this Act.”

The statute does not define what constitutes a “significant deviation,” but the draft rules radically circumscribe the term, giving it a narrow and exclusive meaning that is found nowhere in, or supported by, the statute.

Specifically, the draft rules define significant deviation only as those modifications that “propose to:

  1. move the  well, including the horizontal well bore,
  2. add new horizontal well bores, or
  3. add length to any existing or planned horizontal well bores.”

While these circumstances would certainly constitute significant deviations, so would many others. For instance, what about a modification calls for significantly more water use or water use from a different source even if the increased use fell short of a “serious risk” to public health or the environment.

Revisions Needed:  We recommend the NRDC’s language to define a significant deviation: “A permit modification shall be treated as a significant deviation from the original permit if the proposed actions or potential impacts of those actions may differ materially from those associated with the original permit application.” If specific examples are used to further flesh out this definition, those examples must be framed non-exclusively, i.e., employing the language “including but not limited to….”

Citizens should be informed of these deviations and allowed opportunity for public comment.

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The Burden Of Illinois Fracking – It is all on us

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Please spare the people of Illinois of having the burden of Fracking disasters placed on their shoulders.

 

 

There was a full house–over 200– at the Carbondale IDNR hearing last night.  That makes over 1000 concerned Illinoisans have attended IDNR hearings against the weak IDNR fracking rules–many of them providing testimony.  IDNR and JCAR, are you listening?

Today (Friday) 12/20/13) is Day 36 of the comment period.

Today’s Topic: Starting the clock over when deficiencies are identified at, or as a result of, the hearing.

Comment:

Subsection 245.270(n), allows the applicant to attempt to correct deficiencies identified at the hearing, but places no time limit on such correction.  It also doesn’t require the Department to provide public notice of such correction. As such, applicants could, in principle, provide information to the Department on Day 59 of the 60-day permit issuance period, and the public would not find out about it until long after the permit had been issued.

Revisions Needed: This provision should specify a time window for applicants to provide corrections. It should also provide that the post- hearing public comment period must remain open for a sufficient number of days after that time window in order to provide the public adequate time to meaningfully review and comment on those corrections. It would not be unreasonable for deficiencies to be viewed as an incomplete application requiring that the 60-day clock start over.

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Illinois Frackers Burden Of Proof – Its all on us

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Thanks IDNR for placing the burden of proof on the people of Illinois. Maybe they should rename these regulations as the Rape and Pillage of Illinois.

 

Day 35   12/19/13   

Topic:  Burden and Standard of Proof should be on applicant not persons requesting a public hearing.

Comment:

245.270.i states that parties requesting the public hearing and, if applicable, petitioning to participate in the public hearing shall have the burden of establishing the validity of their objections and concerns through the introduction of credible evidence. The standard of proof is the preponderance of the evidence.

The provision concerning burden of proof in this subsection does not make sense in context.  In fact, it reverses the burden that otherwise applies to permit applicants; it is the permit applicant who must demonstrate that they are entitled to a permit. It should not be the hearing requestor’s burden to prove that the issues they raise are worthy of consideration.  To the extent that the person or persons requesting the hearing raise legitimate questions as to whether a permit should be issued—or issued with particular conditions—it must be the applicant’s responsibility to address those questions to the satisfaction of the Department.

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Illinois Frackers Gotta Show UP – To get their permits

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But I wonder does this mean their lawyers and not the actual Company people. That has to be changed. I would say the actual owner of the company must attend the hearing, myself.

 

Day 34   12/18/13. 

Thanks to everyone who turned out last night to the Decatur hearing.  Over 400 of you came–the biggest hearing so far in the state. Your testimony was moving, powerful, and critical of the weak IDNR rules.  Let’s keep the pressure on.  Carbondale’s hearing is on Thursday (tomorrow, the 19th).  Plan to attend and give testimony!  In the meantime, please submit a comment today. 

Topic:   No permits if a permit applicant fails to appear at a hearing.

Comment:

Section  245.270(f) of the rules allows a permit to be given EVEN IF the applicant has failed to appear at a hearing.  This provision would gut the purpose of the public hearing requirement. In the event the failure was due to an emergency or circumstances beyond the applicant’s control, the hearing should be rescheduled, and the 60-day time frame should start over to accommodate that rescheduling. If the applicant cannot show good cause for failure to appear at the hearing, the application should be denied.

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Illinois Department Of Natural Resources Is Afraid – They be sceardy cats

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Ya why don’t you stand up and tell the truth instead of hiding behind their hearing officers. Come out and take a chair. Raise your hand and take an oath.

 

 

Day 33   12/17/13.  Tonight is the Decatur hearing.  Please plan to attend and, if possible, testify.

Today’s Topic: Requiring the Department to Testify Under Oath at Hearings

  • Go to: http://www.dnr.illinois.gov/OilandGas/Pages/OnlineCommentSubmittalForm.aspx
  • Click the button: Subpart B: Registration and Permitting Procedures
  • In the “Section” dropdown box, click: 245.270 Public Hearings
  • Submit your comment/s (below)
  • Click “Submit”

Comment:

Section 245.270 requires the Department to appear at hearings but does not require that the Department testify.  The rules should contain an express obligation that the Department testify—and testify under oath—and be available for cross-examination. Without such testimony, a primary purpose of the hearings – to vet the permit application and ensure transparency – is gutted.

Revisions Needed:  Subsection 245.270(g)(6) should be amended to specify not merely that a representative from the  Department appear and “be given an opportunity” to provide evidence, but that the representative “shall testify under oath.” Furthermore, considering the specificity the Department requires of citizens at each hearing, the Department must be equally prepared.  In other words, the Department must provide a person or persons (with appropriate knowledge of specific areas) who will be able to address any issues that may arise at the hearing.

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Frackers Would Hold A Hearing In Chicago – When the fracking is going to happen in the Shawnee National Forest

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Nobody would ever think that Wild Catters are crooks. No way!

 

Day 32   12/16/13

Today’s Topic:  Hearings should be held in the counties that will be affected

  • Go to: http://www.dnr.illinois.gov/OilandGas/Pages/OnlineCommentSubmittalForm.aspx
  • Click the button: Subpart B: Registration and Permitting Procedures
  • In the “Section” dropdown box, click: 245.270 Public Hearings
  • Submit your comment/s (below)
  • Click “Submit”

Section 245.270(b)(2) of the Rules gives the Department broad latitude regarding where to hold a hearing, including holding hearings outside the affected counties. It is imperative that the hearings be held IN the county where a well will be located. A location outside the affected county will not serve the public interest.  It could create an enormous barrier to participation by ordinary citizens, who may not have the resources, time or child care options for out-of-town travel.  Furthermore, out-of-county hearings limit the ability of ordinary citizens to call local witnesses, who may have critical information but be unable or unwilling to come to Springfield.  Finally, out of county hearings impede the practicalityfor interested neighbors to attend and observe the hearing, defeating the purpose of ensuring transparency in the permitting process.

It should not be difficult to identify locations where hearings can be held in affected counties. Courthouses, schools, and in some cases county board offices or town halls generally have space that could accommodate a hearing. Furthermore, with the availability and low cost of web-based technology, the Department should be able to appear remotely at a hearing being held in the affected county even if travel there is logistically impossible. But we posit that if it is too expensive or inconvenient for the Department to travel to hearings in counties that will be affected, then it is unfeasible to expect ordinary citizens to bear that burden by traveling to off-site counties to testify in hearings.

Solution:  Hold all hearings in the county in which a well is to be located.

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Fracking Could Cause The Mississippi To Run Backwards – And turns Springfield into Casuality Central

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I participated in an emergency enactment of a possible New Madrid  quake in which St. Louis suffered major damage. This event was held in St. John Hospital’s parking lot. I was a volunteer person, who was pressed into service as gurney “pusher and puller” having no medical skills. The drill went like this. A helicopter would fly in (there were ten supplied by the Missouri and Illinois Guard) and the survivors where lifted off the helicopter on hand carried stretchers laid on the ground in a triage area. There were three treatment areas in the parking lot, one for broken bones treatable without surgery, one for moderate puncture wounds, and one for moderate trauma of many types. So I did the helicopter deal for a while which was pretty hard work. After about 10 helicopters I was pretty beat, so they put me on gurney duty which was a LOT easier. So what couldn’t be treated in the short term areas were put on gurneys (it helped if the survivors where a little ambulatory) and pushed/pulled them into the hospital to either the emergency room which got those not needing immediate surgery and the immediate surgery ones were taken to surgery on the third floor and another floor (4) which had been converted to surgical suits. The buses with refugees started arriving at noon. They did not have enough volunteers to be refugees so to simulate the scenario each seat on the bus was filled with individual supplies (personal hygiene, blankets, clothes if needed, food packets etc.)  and then the bus was driven to the State Fair Grounds where tents were being erected. This went on until 5 o’clock. I was told by one of the coordinators that he thought the activity would have gone on for at least 4 or 5 days nonstop. In this scenario there was only mild damage to Springfield and Litchfield but pretty much everything in southern Illinois and St. Louis/South Central Missouri was destroyed.

 

Day 31 of the IDNR Comment Period

Our server will be down for routine maintenance tomorrow so we are sending the comment for tomorrow (Sunday)–a little early.  You won’t want to miss commenting on this one:

Topic: The risk of large scale environmental disasters

Section 1-53 of the regulatory bill requires that fracking operations be conducted in a “manner that will protect the public health and safety and prevent pollution.”  And yet, the rules do not address the risk of large-scale and widespread environmental disasters that can occur as a result of fracking in the Wabash Valley and New Madrid Earthquake Zones or in the Illinois 100-year floodplain.

The New Madrid Earthquake zone has been known to historically cause “major” earthquakes of over 7 on the Richter magnitude scale.  The Illinois Emergency Management Agency itself identifies these areas with its most severe earthquake zone ratings of “Destructive” and “Ruinous.” An earthquake of these magnitudes, compounded with fracking and injection wells spread throughout the affected zone is quite literally, a recipe for disaster.

Furthermore earthquakes of these magnitudes can easily damage fracking wells, open air pits, pipelines, injection wells – causing toxic and radioactive fracking fluids to pour out into the ground and contaminate the soil and groundwater sources of hundreds of thousands of Illinoisans. Even Ohio Governor, John Kasich, a fracking advocate, has issued an executive order requiring operators to conduct seismic studies before the state will issue well permits.

Similarly, allowing any sort of fracking operations to occur within the Illinois 100 year floodplain zone is also asking for disaster. The environmental devastation caused by the recent floods in Colorado is a case in point. Inundated oil pads, flooded wells, overturned tanks, and ruptured lines were just a few of problems experienced in Colorado as a result of wide-scale flooding. A damaged oil tank dumped 5,250 gallons of oil into the South Platte River south of Milliken, Colorado on 9/18/13 during the flood.   The South Platte River, extends to Nebraska and then filters into the Ogallala Aquifer which serves much of the middle of the country.

Open-air pits—which the Rules allow—are particularly vulnerable in a flood. When open-air pits fill with water, there is nothing covering the surface to prevent the fracking wastewater from spilling out of the pit and into the floodwaters, exposing every living thing downstream to the chemicals, brine, radioactivity, etc. that was in the pit.

  • Solution:
    • Avoid fracking in active seismic zones and flood plains.

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Illinois Fracking Will Fry Your Brain – But what is a little neurological damage amongst friends

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Please if you have children, move away from any fracking site immediately.

 

Get on the free bus from downtown Chicago to go to the Effingham public hearing on the lousy fracking rules on Monday, Dec 16th (leaves around 2pm and comes back around 12mn) the registration form for this bus is here: http://goo.gl/trFyMl  

 
Today, Saturday, 12/14/13, is Day 30 of Comments to IDNR on Fracking.  Today we want to talk about whether fracking is going to make you and those you love sick.  We hope you’ll make a comment. 
Topic: Volatile Organic Compound (VOC) Emissions
Section 1-53 of the regulatory bill requires that fracking operations be conducted in a “manner that will protect the public health and safety and prevent pollution.” But fracking is inherently dangerous and polluting.  Highly toxic Volatile Organic Compound or VOC emissions are generated by the fracking process and can cause irreversible neurological and or respiratory damage to children, adults, and other living things.
VOCs have scientifically been shown to cause asthma, cancer, and severe illnesses. In extractive states, the largest contributor to VOCs is usually the oil and gas industry.  This is the case in Colorado, where there have been many reported cases of illnesses from fracking pollution since the boom began.  Ozone-forming air pollution measured in Colorado is up to twice the amount that government regulators have calculated should exist.
Illinois can expect the same once fracking begins if the rules are not amended because, as currently drafted, the rules contain no best practice standards for mitigating VOCs.  In fact, Sec 245.900e of the Rules allow companies to be wholly exempt from the regulation of runaway natural gas and hydrocarbon fluids if the regulation isn’t “cost effective” or if it is “economically unreasonable.”
IDNR completely avoids defining “cost effectiveness” or “economically unreasonableness” – essentially allowing companies to define these terms for themselves. And we can assume that companies will make sure that they define it to their own benefit.
A cost/benefit analysis that only calculates private costs of companies while ignoring the social costs on the people and the environment will result in privatizing profits for big corporations while socializing losses for taxpayers, adding an unjust burden to local and state governments.
Solution:  The Department must quantify the cost of various kinds of emissions utilizing independent scientific studies on this issue.  Included in the quantification must be the health and environmental costs of emissions relative to the costs of capturing/reducing emissions.  Once quantified, the Department must enact rules that carry out the legislative intent of the General Assembly and ensure that fracking operations in Illinois will be conducted in a “manner that will protect the public health and safety and prevent pollution”
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Public Participation In Illinois – That is unheard of

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What the hell would the public know about their own self interest. Everybody outside of Chicago is just dumb hicks anyways.

Day 29 12/13/13 

Today’s Topic:  Who a potentially affected party must petiton in order to participate in a hearing.

Section 245.270 Public Hearings

The Act’s provision affording public hearings are critically important to ensuring that the public has the ability to fully understand hydraulic fracturing permits that may affect them, and challenge them if appropriate. We are therefore concerned that some aspects of the draft rules governing hearings could potentially undercut the robust public participation envisioned in the statute.

Section 1-50(b) of the Hydraulic Fracturing Regulatory Act says any person having an interest that is or may be adversely affected [by a fracking permit], can petition the Department for participation in a hearing.

But Subsection 245.270(a)(6) of the Rules raises the bar, requiring the request for hearing to be served upon the Hearing Officer, the Department, and the ap

Decatur Hearings Coming Up On December 17 – Everyone is welcome

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I do not know about the Dirty Dozen concept but the points are important and well made.

 

 

Four weeks ago today, IDNR released their weak fracking rules.  Many of you have been making comments every day.  THANK YOU!

For today’s comment, we’re switching things up a bit.  As we prepare for the Decatur, IL hearing and meetings with JCAR, we have put together what we are calling the “Dirty Dozen.” We believe these are the most egregious rules that pose a significant risk to public health, aquatic life, wildlife, or the environment. Read our “Dirty Dozen” and choose any one of them to make your comment for the day.  If you aren’t sure which radio button to choose or which Section is appropriate, just make your best guess.  IDNR tells us they will not reject a comment for being in the wrong Subpart or Section.

COME TO THE DECATUR IDNR MEETING

The Decatur hearing will be this coming Tuesday, December 17, at the Decatur Civic Center from 6:30-8:30.  Are you coming?   We have buses coming from Peoria, Bloomington and Springfield.  If you want to ride the bus, scroll down for information on the buses.

Will you testify?  Please consider testifying using one of the “Dirty Dozen” as the base of your testimony.  Choose a comment from the list, tell the IDNR Hearing Officer what is wrong with that Rule and then explain why this is personal to you in your own words.  For example,

  • “I am a nurse and the issue of keeping chemicals secret from medical professionals is an issue to me because it will impact the kind of care I can give someone who lives near a fracking operation and comes in with symptoms but doesn’t know what fracking chemical they were exposed to.”  OR
  • “I am a farmer and I need to protect my farmland from migrating water pollution from horizontal drilling legs that could run under my farm.” OR
  • “I am a grandmother and I want to make sure the water my grandchildren drink isn’t laced with chemicals and radioactivity.”

Translate the talking points into your own voice. Write it down so that you can submit it to IDNR at the end of the hearing.  Don’t worry about not being an expert on the subject.  You are an expert in your own life and IDNR needs to hear that citizens throughout Illinois aren’t happy about what’s happening with fracking.

BUSES

These are the times that buses will LEAVE for the hearing, so please, plan to arrive 15 minutes prior to departure with empty bladders and printed copies of your testimony!  Please eat before you come or bring a sack dinner.

  • 4:00 pm- Peoria – U.U. Church of Peoria – 3000 W. Richwood Blvd.
  • 5:00 pm- Bloomington – IPA Office -510 E. Washington
  • 5:00 pm- Springfield – First Presbyterian Church – 321 S. 7th St.

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