Category Archives: fraud

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

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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

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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

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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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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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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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So Illinois Is Gona Protect Me From Fracking – Not the way it is going

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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
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:
  1. To allow horizontal fracking in Illinois,
  2. 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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Mist Fracking, Foam Fracking And Gas Fracking – These are things I did not know

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But it sounds nasty to me. And then there is the use of Acid. This is really ugly stuff.

 

 

Today (Sunday, 12/8/13)  is Day 24 of the Comment Period of IDNR.   We’re almost half-way through the comment period.  Please keep making your comments daily!

Today’s Topic: Non-water and partial water fracks must be regulated based on risk, not volume

Comment:

The law defines “high volume” fracking based on the number of gallons of base fluid” (at least 80,000 gallons per stage and 300,000 gallons total).   While this definition may be applicable if the fracking base is a fluid such as water, it leaves a gaping hole when gas (e.g. nitrogen, carbon dioxide) or a mixture of gas and water (foam fracks, mist fracks), are used.  And defining high volume fracking this way is especially critical in relation to Illinois’ New Albany shale where other bases are likely to be used; nitrogen gas and mist fracking is already occurring just across the border in Kentucky’s New Albany shale.

Problem: Gallons are units of volume used to measure liquids.  But what if a liquid isn’t used in fracking?  Not all fracking base material can be measured by gallons.  If non-water base fluids are accounted for as liquid gallons, the gallonage total will fall below the threshold whereby the fracking operation will be considered “high volume hydraulic fracturing”, even though the operation is comparable in scale – and therefore risk – to a high volume water-based frack in terms of chemical use, pressures, or other measures.

Revisions Needed:

The Department needs to come up with an appropriate means to express the threshold of applicability as it applies to non-water fracks. The key parameter for developing a comparable threshold should be identifying comparable risk. Simply converting the water-based thresholds from gallons to cubic feet or another unit of volume appropriate to measure gases would be completely arbitrary and wholly divorced from the real environmental and health risks posed by such non-water fracks. Thresholds for gas-based fracks must be developed independently based on an evaluation of risk and field data from gas-based fracks.

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Snap, Crackle And Pop – Radiation from fracking makes the kids glow in the dark

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Rice Krispies!  But you could find your kids in the dark.

 

Today (Wednesday, 12/4/13) is Day 20 of the IDNR Comment Period on Fracking. 

Day 20 

Topic – Radioactivity in fracking operations:  Rules need to include testing for all types of radioactive material, including depleted uranium, and set requirements and standards for when radioactivity is found.

  • Go to: http://www.dnr.illinois.gov/OilandGas/Pages/OnlineCommentSubmittalForm.aspx
  • Click the button: Subpart H: High Volume Horizontal Hydraulic Fracturing Preparations and Operations (245.800-245.870)
  • In the “Section” dropdown box, click 245.850 Hydraulic Fracturing Fluid and Hydraulic Fracturing Flowback Storage, Disposal or Recycling, Transportation and Reporting Requirements
  • Submit your comment/s (below)
  • Click “Submit”

Comment/Problem(s)/Revisions Needed:

Subsection (d)(1) of Section 245.850 provides for testing of fracking fluids only one time–during the early flowback stage–and only for “naturally occurring radioactive materials.”

Problem:  The limited radioactivity testing requirement in this section does not adequately protect Illinois residents from the spread of dangerous radioactive materials.  The statute and the proposed rule call for the testing of flowback (and not produced water) for “naturally occurring radioactive materials”.  However, the term “naturally occuring” is not defined in the statute or the proposed rules;  DNR could interpret the quoted term so that testing will be required only for the specific radioactive materials that are expected to be found naturally in the subsurface at the well site.  Depleted uranium would not be “naturally occurring” at the well site, so it will be undetected by the proposed testing.

Depleted uranium (DU) is a highly dangerous radioactive material with a half-life of 4.5 billion years.  It is a waste product left over when uranium is modified to produce fissionable material for nuclear reactors and weapons.

We know that at least one of the major actors in the fracking industry has incorporated Depleted Uranium into its plan for perforating the gun assembly (for use in a wellbore) in horizontal fracturing operations. (See U.S. Patent No. 2011000069, “perforating gun assembly for use in a wellbore *** wherein the secondary pressure generator is selected from the group consisting of *** depleted uranium”; assignee of patent: Halliburton Energy Services, Inc.)   Note that, in this case,  radioactive material would be “added” radioactive material, not “naturally occuring.”

Revisions Needed:

In order to protect the public health and safety and to preserve the health of our environment, DNR must require specific testing for DU among other types of radioactive material in flowback and in produced water and set standards and requirements for when radioactivity is found.

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