Category Archives: illinois legislation

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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510 E. Washington St. Suite 309
Bloomington, IL 61701
United States

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Frackers Or Radiation – Which do I fear most

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I fear both and Illinois is about to know the joy of them both.

 

 

Today (Tuesday, 12/3/13) is Day 19 of the IDNR Comment Period on Fracking.

Day 19 

Topic – Radioactivity in fracking operations:  Rules need to include requirements or standards 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”

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 proposed rules include no follow-up requirements or standards if testing shows radioactivity levels in flowback to be high.  In other words, these proposed rules treat flowback the same whether it is highly radioactive or not!  DNR knows that naturally occurring radioactivity material occurs in Illinois oil and gas operations.  See 62 Ill. Admin. Code secs. 240.860(e)(3), 240.861(k)(1)(C).

Revisions Needed:  The rules must specify how flowback AND produced water will be treated if they test positive for radioactivity.   The rules should also require that the requirements of the Illinois Low Level Radioactivity Waste Management Act be followed.

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510 E. Washington St. Suite 309
Bloomington, IL61701
United States

 

 

 

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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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Illinois Department Of Natural Resources Is Incompetant – But we kinda knew that

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This was forwarded to me by Doctor Lora and other people have pointed out that this has been going on. This is why in my first post I said go to  this website:

http://www.ilagainstfracking.org/

They will deliver a printed copy to IDNR which gets you around the whole computer/internet thing.

AND Dr. Laura is suggesting that you send your comments to JCAR who must approve the final regulations before they become law. I am not sure how effective that would be but it takes so little time it can’t hurt. But still run them through IDNR repeatedly if you have to.

If you want to echo my remarks at JCAR, I think it would be very helpful, thanks,  L

 


Urgent — After two days of complaints from many residents concerned about fracking that their comments to the IDNR on the fracking rules weren’t going through, we learned that NO COMMENTS ON RADIOACTIVITY HAVE BEEN GOING THROUGH!   According to IDNR, there was a technical problem that has now been fixed, but that doesn’t address the fact that Comments from last Wednesday, yesterday and today did not get registered.
If they can’t get their website right, how are they going to get the rules right? 
Please share the comments below that were sent in by hundreds of residents with JCAR members, just in case the IDNR is trying to suppress comments about radioactivity in all fracking waste water and debris,

— General Summary of Rules on Radioactivity
Subpart H: High Volume Horizontal Hydraulic Fracturing Preparations and Operations (245.800-245.870)
245.850 Hydraulic Fracturing Fluid and Hydraulic Fracturing Flowback Storage, Disposal or Recycling, Transportation and Reporting Requirements

Comment: Subsection (d)(1) of Section 245.850 provides for testing radioactivity only one time–during the early flowback stage–and only for “naturally occurring radioactive materials”. The problems with this are identified below.
Problems:
The proposed rules do not include any standards or protocols to follow if testing of flowback water shows unacceptable levels of radioactivity. 
The proposed rules do not require the testing of “produced water”, which is the water produced from a well in conjunction with oil or natural gas production. This is where radioactivity is most likely to show up. It should be noted that while these Rules have been purported to be the strongest in the nation, PA law requires the testing of produced water at two separate intervals.
The proposed rules do not require testing for added radioactive materials, like depleted uranium, which can be used in the perforation/fracturing operation.
The proposed rules do not test work areas for levels of radioactivity that would call for OSHA standards of occupational safety. 
These deficiencies, cumulatively or singly, would pose a significant risk to the public health and safety, property, aquatic life, and wildlife, in violation of section 1-75(a)(2) of the Hydraulic Fracturing Regulatory Act.

— Produced Water Needs to Be Tested for Radioactivity (same subpart-H, and section: 245.850)
Notably absent from this section is a requirement for the testing of “produced water”, the fluid that returns from the well later during production and is most likely to contain radioactivity. Under the proposed rules, “produced water” can be stored on site and/or can be “recycled”, yet there is no testing requirement.
Naturally occurring radioactive material (NORM) and technologically enhanced naturally occuring radioactive material are both found in “produced water”. See Technologically enhanced naturally occurring radioactive materials in the oil industry (TENORM), Nukleonika 2009; 54(1):3?9, and sources cited therein, especially for TENORM in produced water in the U.S., available athttp://www.nukleonika.pl/…/full/vol54_2009/v54n1p003f.pdf. See also
NORM is also found on scale in oil pipes and on fracking equipment. (See Kentucky Resources Council Proposes Comprehensive Plan For Investigating Radiological Contamination In Martha Oil Field. August 11, 2005.http://www.kyrc.org/webnewspro/112381723236086.shtml.)
IDNR’s definitions of “flowback water” and “produced water” are different. They are treated differently by both the Hydraulic Fracturing Regulatory Act and by the DNR Rules. The Department knows that produced water will be in contact with the naturally occurring radioactive elements in the ground for a longer period that the flowback and that it is much more likely to be radioactive. Therefore it should require it to be tested and handled accordingly.
Problems: Failure to test produced water for radioactivity is problematic for a variety of reasons including:
The health and safety of workers on the site who will be unaware of the levels of radioactivity they are being exposed to.  The health and safety of workers transporting produced water who will also be in the dark regarding the levels of radioactivity they will be exposed to. 
The risk of storing radioactive material in tanks not created for storing radioactive materials.
The risk of “recycling” produced water—radioactivity cannot be removed by recycling.
The risk to the public in transporting radioactive materials
Argonne National Laboratory recently cautioned about radiological doses: “It is commonly accepted that efforts should be undertaken at all times to keep radiological doses ‘as low as reasonably achievable,’ which is referred to as the ALARA principle or requirement.” Overview of Radiological Dose and Risk Assessment (April 2011). DNR is failing to even adequately test for radioactivity and therefore, will not know the levels of radioactivity. How, then, can DNR adequately protect workers and the general public?
Revisions needed:
At a bare minimum, the rules should require that “produced water” be tested at two separate intervals across time for radioactivity. This is already required in Pennsylvania. The rules should also require that the requirements of the Illinois Low Level Radioactivity Waste Management Act be followed. 

— Rules need to include requirements or standards when radioactivity is found (same subpart-H and section:245.850)
The proposed rules include no follow-up requirements or standards if testing shows radioactivity levels in flowback to be high. In other words, these proposed rules treat flowback the same whether it is highly radioactive or not! DNR knows that naturally occurring radioactivity material occurs in Illinois oil and gas operations. See 62 Ill. Admin. Code secs. 240.860(e)(3), 240.861(k)(1)(C).
Revisions Needed: The rules must specify how flowback AND produced water will be treated if they test positive for radioactivity. The rules should also require that the requirements of the Illinois Low Level Radioactivity Waste Management Act be followed.
 
Sincerely, 
Frack Free Illinois
contact, Dr. Lora Chamberlain
drlora2@yahoo.com
773-486-7660

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Fracking Should Be Banned In Illinois – But apparently the frackers have decided to forge ahead

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I got an email from Southern Illinois that said 30 big rigs had rolled through town yesterday morning. I figure that that is enough for 2 wells. It seems like some drilling company has decided to “go for it”. Which makes sick and disgusting sense. Many of the leases die at the end of April. I suspect that these will be test wells, because no one knows what is down there. It takes about  7 days to to drill a well and frack it. That would have the wells beginning to come in as the lease expires. This is what I said in print.

Thursday, April 11,2013

Letters to the Editor 4/11/13

Fracking and litter control act

By Letters to the Editor

 

FRACKING STINKS

I am writing to argue for a moratorium against fracking in Illinois (SB 1418). Chicago environmentalists argue that “fracking is going to happen anyway.” That is a total capitulation to the industry. The bill that the environmentalists endorse (HB2615) is amazing in the things it does not prevent. It does not force the frackers to recycle their water, allows for methane flaring, allows wells within 300 feet of water sources, allows wells within 500 feet of a house, does not allow adequate testing of produced waters especially for radiation and then allows that waste to be deep well injected and finally allows for the state to overrule counties and municipalities who do not want fracking or more protective measures.

Many states have tried to establish hydraulic fracturing regulations that would allow the industry to drill safely. The problem is regulations do not work. The industry always violates the regulations and when caught pays the fine as part of standard operating procedure. These violations include injecting radioactive water underground, open pit storage of fracking and waste waters even where not permitted, the production of toxic fumes and the sickening of residents, well water contamination and the direct dumping of toxic water into springs and streams. They have gone so far as to sell toxic water to county townships to suppress dust in the summer and to de-ice roads in the winter as if that was safe. Homeowners are duped into selling mineral rights without being told that it will make their houses impossible to sell and wreck their mortgages. In Pennsylvania their violations include:

– 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.”

This does not include the actual damage that they do to the environment, like damaging the roads where they work, and flaring the natural gas that should be harnessed as a fuel source and the constant noise pollution that the above activities produce. I was visiting a friend in Colorado when such a well was put in and the noise and smell alone were enough to sicken me.

Doug Nicodemus
Riverton
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Go there and read. They did a whole 5 page article on the issue. More later.

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ICC Hearing A Joke – 15 minutes, 3 speakers and it was over

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OK so it wasn’t really the Commission or the Commission Staff’s fault. Not even AARP’s,  though I was surprised that only 2 of their people spoke. I think it was their regional Director who is in Chicago and then what I took to be one of their local members. She ended up talking to the AARP  National Gazette reporter that was there so I split. But still, I got up as the third speaker and gave my classic “times are bad for people and the rates should be cut” spiel.  I was out the door in 15 minutes and arrived late. The ultimate blame falls on the poor people who have been crushed into submission. Unless they rise up and speak nothing will happen. Turn off their power at the same time or something like that, as a protest then utility companies will continue to roll.

http://www.icc.illinois.gov/

August 22, 2011                                                                                      Contact:   Beth Bosch

217-782-5793

 

ICC Sets Public Hearing On Ameren Rate Increases

For August 30

The Illinois Commerce Commission has scheduled a public forum Tuesday, August 30 to gather comments on Ameren Illinois’ proposal to increase rates for the delivery of natural gas and electricity to its customers.

The forum will be held at 1 p.m. in the Commission’s main hearing room, 527 E. Capitol Ave., Springfield.

Ameren proposed increasing rates for gas and electric delivery service to generate an estimated $110.5 million in new annual revenue.  Ameren proposed increasing electric rates for CIPS customers by appropoximately 11 percent, CILCO customers by 16.5 percent and IP customers by about 2.5 percent.  The company proposed increasing gas rates for CIPS customers by approximately 15.5 percent, CILCO customers by 24.0 percent and IP customers by 14.5 percent.

Oral and written comments will be accepted at the meeting.

Ameren Illinois’ rate case proposals are available on the ICC e-docket system.  To access all documents filed in the cases, enter the case numbers in the box on the front page of the ICC website at  http://www.icc.illinois.gov .   The docket numbers are 11-0279 (electricity) and 11-0282 (natural gas).

Comments may also be filed anytime on the Commission’s website under public comments.

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More tomorrow.

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Going To The Illinois State Fair Today – Post Wednesday maybe

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Nuff said.

 

http://www.agr.state.il.us/isf/

CARNIVAL SPECIAL
NEW THIS YEAR- The Illinois State Fair will be offering Bargain Bracelets for all rides (excluding Giant Slide and SkyGlide). It will be conveniently available for purchase at the Carnival and Adventure Village when you arrive to enjoy the fair. This Bargain Bracelet will replace Children’s Miracle Network Wristbands.

Thursday, August 11 “Deuce Day” All rides $2.00
Experience unlimited rides with a Bargain Bracelet for $25.00!
Friday, August 12 12-6 PM
Monday, August 15 12-11 PM
Tuesday, August 16 12-11 PM
Wednesday, August 17 12-11 PM
Thursday, August 18 12-11 PM
Friday, August 19 12-6 PM
Sunday, August 21 NOON-10 PM

Grandstand reserved seats and track tickets on sale Saturday, April 30, 2011, 10:00 a.m. at ticketmaster.com and Ticketmaster Phone centers (800-745-3000, TTY-800-359-2525) and all Ticketmaster outlets. Grandstand ticket office will accept Mail Orders starting Monday, May 30, 2011. Grandstand box office will open for walk-up sales starting June 4, 2011 at 9:00 a.m. All adults and children 3 years of age and older MUST have a ticket for Concerts.MAIL ORDER WILL BE ACCEPTED – after May 30, 2011 at: The Illinois State Fair Ticket Office, P.O. Box 19427, Springfield, IL 62794-9427.

Order tickets via U.S. mail with our order form.

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More tomorrow maybe.

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Residential Energy Services – Am I pimping for a new utility

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I do not think so but you be the judge.

http://www.integrysenergy.com/electricity/ilelectricoffer.aspx?

Illinois Electric Choice

Save on electricity by choosing Integrys Energy as your electric supplier

Enrollment is Fast, Easy, and Convenient

The fact is, Integrys Energy charges less per kilowatt-hour (kWh) than you’re paying now1 with Ameren or ComEd. Same reliable electricity, just a lower rate.

Take it step further. Switch your electric supplier to Integrys Energy and we’ll lock in a low rate for 12 billing cycles (24- and 36-month rates also available). The utility rate changed in June, and will change again in October, if you enroll with Integrys you’re assured your competitive price is locked all year. Guaranteed.

Switching to Integrys Energy is Easy

In about 10 minutes, you can start saving at least 8.5% on your electricity rate1.

  1. Grab your electric bill. You will need your Account Number and Name as it appears on your bill.
  2. Choose a Rate Plan below or call 1-888-688-1848.
  3. Click the ‘Enroll’ button and complete the online enrollment form.

A Leading Supplier of Power Throughout North America

  • One of the “World’s Most Admired Energy Companies” four of the past five years by Fortune Magazine®
  • Integrys Energy Services serves retail electric customers in the United States throughout the following Regional Transmission Organizations (RTOs): IESO (IMO), ISO-NE, MISO, NY ISO, PJM.
  • Integrys Energy Services offers a full complement of power products and services that vary from market to market, which may include Full Requirements, Block and Index, Index Rate, Load Response, Renewable Energy Credits, Heat Rate

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More tomorrow.

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The Illinois Power Agency Once Had Promise – Where is Lisa Madigan now

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After all of the legal and political wrangling in 2007, the Illinois Power Agency seemed a dream come true. An agency that guaranteed to keep electrical prices competitive or they would step in and buy electricity for the state at a set rate. They published the staffing requirements in the newspaper. They were excessive I thought at the time. They wanted Ph.d.s and Masters degrees in pretty exotic subjects like power generation analysis and such. But now they have hired only 2 staff out of what was supposed to be 25. Wow! Where is Lisa Madigan now?

http://www.illinoistimes.com/Springfield/article-8525-staterss-power-buyer-under-fire.html

Thursday, April 7,2011

State’s power buyer under fire

Audit shows problems at Illinois Power Agency

By Patrick Yeagle

The state agency responsible for buying Illinois’ electricity is under fire after an annual audit showed numerous problems with accounting and transparency.

A March 24 report by Illinois Auditor General William Holland says the Illinois Power Agency (IPA) needs to correct 35 “weaknesses” in financial transparency, rulemaking and more. The report admonishes IPA for storing money outside the state treasury, failing to create an annual budget and even lacking basic office supplies.

Among the more major issues identified in the audit is a lack of financial reporting and accounting records maintained by IPA.

“… [F]or the second year in a row, the agency did not provide accurate and complete financial information,” the audit states. “Specifically, the financial information provided did not contain all the necessary information regarding funds held outside of the state treasury.”

One of the most unusual problems identified by the audit was a lack of adequate staff. IPA director Mark Pruitt is one of only two employees in the entire agency, and the second employee, chief financial officer Kristene Callanta, was only hired in January 2011 – after the period covered in the audit. The lack of staffing coincides with the agency’s failure to create specialized bureaus to handle certain tasks, the audit shows.

“Failure to create these required bureaus is a violation of state statute,” the audit says. “In addition, because these bureaus were not created, the director had the sole responsibility for scoring all proposals and selecting winners for the procurement process, which could result in an abuse of power.”

dot dot dot as they say

For example, a 2007 complaint filed with the Federal Energy Regulatory Commission by Illinois Attorney General Lisa Madigan says prices produced by auctions were “almost 40 percent higher than prices in bilateral electricity markets… and they were produced in a highly concentrated market in which there is evidence of price manipulation.”

To view the IPA audit and others, visit www.auditor.illinois.gov

Contact Patrick Yeagle at pyeagle@illinoistimes.com.

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I mean I know that in 2008 there was all the worry about then Governor Blago’s corrupt hiring practices but this is really an over reaction. More tomorrow.

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HB 14 Is Still A Bad Idea – But this is a great article

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I have many problems with this legislation. For example, if a Power Company wanted to build a powerplant would this be considered an infrastructure improvement subject to 8 1/2 month review after construction had started? It’s the “after construction has started” part that is most bothersome. To the argument about 44 other states having similar statutes, as your mother said, “Would you jump off a bridge because you saw a friend do it”? Amend that to, “Would you jump off a bridge if you saw a whole bunch of people do it”? We usually call those folks lemmings.

http://news.medill.northwestern.edu/chicago/news.aspx?id=184920

Electricity legislation sparks debate

by Kate Springer
April 14, 2011

Everyone can agree on one thing: Illinois needs to update its energy grid. But the Energy Modernization Act, also known as House Bill 14, would allow  $2.6 billion worth of upgrades. It sounds like a good thing but the proposal is meeting resounding opposition from critics.

The AARP, Citizens Utility Board and Illinois Attorney General Lisa Madigan have dubbed HB 14 a “Trojan horse” or ComEd’s “automatic rate-hike bill” in an effort to fight the legislation.

During the past three months, Commonwealth Edison Co. and Ameren Corp., a downstate utility, have been lobbying legislators to pass HB14, which would allow them to invest in “smart meters” and infrastructure upgrades over the next 10 years in return for an alternative way to set rates.

In the current system, ComEd must spend about 11 months in hearings to convince the Illinois Commerce Commission that it needs a rate increase based on wholesale electricity prices.

Most recently, ComEd petitioned the ICC for a $396-million rate hike. Ten months after its request on April 13, an ICC judge recommended a $166-million increase, or a hike of 3 percent, on the average monthly bill. That was only half of ComEd’s request. The official adjustment will be decided by the end of May.

It’s a familiar pattern and one that ComEd would prefer to avoid.

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She is a pretty good writer. And she has 2 blogs:

http://katespringerblog.blogspot.com
http://katespringerblog2.blogspot.com

More tomorrow.

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