Fracking In Illinois Will Not Be Safe If They Have Their Way

Pollution with be rampant.
Day 45   12/29/13
Topic:  General Fluid Storage
Comment:
This section lacks the specificity needed to insure that fracking will be conducted in a manner that will protect the public health and safety and prevent pollution or diminution of any water source. (Statute 1-53(4))
  • “Compatible” (245.825(a)(2), (c)(1)).  The regulations should clarify what is “compatible” for purposes of provisions that tanks and “piping, conveyances, …must be constructed of materials compatible with the composition of the fracking fluid….” Specifically, theDepartment should clarify that “compatible” includes being resistant to corrosion, erosion, swelling, or degradation that may result from such contact.
  • Corrosion inspection (245.825(a)(5)). The Department should define what is meant by the requirement that above-ground tanks be “routinely” inspected for corrosion, i.e., specify a time interval.
  • Secondary containment (245.825(b)). The Department should require that secondary containment be designed and constructed in accordance with good engineering practices, including: (a) Using coated or lined materials that are chemically compatible with the environment and the substances to be contained; (b) Providing adequate freeboard; (c) Protecting containment from heavy vehicle or equipment traffic.
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Frackers Hate Maps – The less the public knows the better

If you can find them you can engage in direct action.

 

Day 44   12/28/13

Topic: Directional Drilling Plan

Comment:

This comment addresses inadequacies in two sections:  Sections (245.210(a)(4)) Directional Drilling Plan and Section (245.210(a)(7)) Scaled plat maps, diagrams, or cross sections,

These sections do not explicitly require that the applicant provide a map that depicts the exact location of the wellbore, i.e., draws it on the map from beginning to end. This information is critical to specific notice and standing, which reference persons within 750 feet of the wellbore.

Revisions Needed:  Require a map depicting the exact location of the wellbore.

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Illinois Frackers Want To Make You Sick – They do not want to make you better

Call you Doctor and have him send in his comments.

 

Day 43   12/27/13

Topic: Trade Secret Disclosure to Health Professionals

Comment:

The proposed language concerning disclosure of trade secret-protected information to health professionals is neither consistent with the statute nor protective of the public.

Right to Know.  Section 1-77(l) of the Act is clear that information shall be provided, as needed, to health professionals who demonstrate a need for it.  Yet, section 245.730 of the Rules diminishes the language of the Act, stating only that the Department “may” provide information to health professionals who demonstrate a need for it.

Limitation to “normal business hours.” Subsection 245.730(b)(1) of the Rules states, in the event of an emergency, that a health professional may call the Department during “normal business hours.” For an emergency that occurs after hours, the Rules suggest calling the trade secret holder. This is inadequate. The Department should provide a 24-hour hotline for emergency calls pursuant to this section.

“Trade Secret Holder.” Subsection 245.730(b)(2) of the Rules allows a health professional to seek the necessary information from a “trade secret holder,” but there is no means provided for the health professional to know who the trade secret holder is, or what phone number to use to reach it. Furthermore, this provision is found nowhere in the statute, seemingly adding another unnecessary burden on the health professional.

Lack of a time limit for the Department’s response. The Department should abide by the same 3-hour time limit for a response that applies to trade secret holders pursuant to 245.730(b)(2).

Disclosure of names receiving trade secret information.  Subsection 245.730(e) of the rules requires that health providers report to the trade secret holder the names of persons to whom the protected information was disclosed.  This requirement is found nowhere in the statute. It is inappropriate to burden health professionals with such an obligation in the absence of statutory authorization to do so.

Revisions Needed:  Rewrite the section to comply with the strongest interpretation of 1-77 of the Statute including 24-hour accessibility.  Do not require that health providers report names of persons to whom protected information was disclosed as this was not required in the statute.

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Frackers Love Loopholes – They will use every one they can find

So tighten them up folks.

Day 40, 12/24/13

Topic:  Serious Risk

Section 1-53(a)(4) of the Statute states that 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.”  This portion of the regulations was incorporated into subsection 245.300(c)(4) of the rules, which, although not as strict, makes clear that no permit may be issued unless the high volume horizontal hydraulic fracturing operations at issue “are reasonably expected to be conducted in a manner that will protect the public health and safety and prevent pollution or diminution of any water source.”

But Subsection 245.330(d) seems to imply that a permit modification that poses a “serious risk” to public health or the environment could nonetheless be granted without changes that eliminate that risk.

While we disagree with the loosening of the language of 1-53 the regs to 245.300 of the rules, it would be difficult to imagine that a rule that expects fracking to be conducted in a manner that will “protect the public health and safety and prevent pollution of diminution of any water source” would allow fracking to occur when a “serious risk” exists.

Revisions Needed:

At a minimum, the following language should be added to this subsection: “Modification to a permit shall not be granted unless and until the proposed action is modified so that the criteria set forth in subsection 245.300(c)(4) are met.”

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Frackers Got Special Chemicals – Anytime they want proprietory secrets imposed the industry is dirty

Invariably it is to hide things that hurt people or hurt the planet. Usually both.

 

Day 38   12/22/13    

Today’s Topic:  Determining if water pollution has occurred

Comment:

Section 1-80 of the Act governing Water Quality Monitoring provides a list of indicator chemicals that would suggest water contamination has occurred but doesn’t limit what may be tested for.  In fact, this section of the law states that “Sampling shall, at a minimum, be consistent with the work plan and allow for a determination of whether any hydraulic fracturing additive or other contaminant has caused pollution or diminution for purposes of Sections 1-83 and 1-85 of this Act.”

Section 1-85 of the Act governing the presumption of pollution or diminution does not limit the sources of sampling data that may be used to prove the pollution or diminution has occurred.

And yet, the IDNR Rules in Section 245.620 have narrowed the statutory basis for the presumption, treating Section 1-80’s list of “indicator chemicals” as a comprehensive list of what should be tested for.  The 1-80 parameters are intended to be INDICATORS of the presence of contamination from hydraulic fracturing, not an exclusive list of the possible contaminating constituents.  There are over 700 chemicals used in fracking.  1-80 lists only a handful of them.  A reasonable person would conclude that if a chemical other than those on the list of indicator chemicals was found and that chemical was part of the list of chemicals in the fracking operator’s work plan, then the operator would be presumed to be responsible for that contamination.

Revisions Needed:  Section 245.620 must reflect the intent of the law that the operator will be responsible for any pollution or diminution caused by fracking.  This responsibility will not be limited to a list of indicator chemicals but will include all chemicals used in the fracturing process.

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The Burden Of Illinois Fracking – It is all on us

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

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

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

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

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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