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Energy Tough Love Blog – A weblog from Community Energy Systems

Frackers Could Take Over Your Town – Illinois cedes sovereignty to the extraction industry

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City and county governments?  We don’t care about your stinking City and County governments. Drill baby drill.

 

 

Today (Saturday, 11/23/2013) is Day 9 of the IDNR 45 day comment period on fracking.  You’re all doing a great job sending in your comments.  We’re a fifth of the way through the comment period.  Let’s keep the pressure on. 

Today’s comment is on the Local Control

Here’s what to do to make your comment today:

·         Click the button: Subpart A: General Provisions

·         In the “Section” dropdown box, click 245.210 Permit Application Requirements

·         Submit your comments (below)

·         Click “Submit”

Comment:

This section states that “when an application is made to frack a well site located within the limits of any city, village or incorporated town, the application shall state the name of the city, village, or incorporated town and be accompanied with a certified copy of the official consent for the high volume horizontal hydraulic fracturing operations to occur from the municipal authorities where the well site is proposed to be located.  No permit shall be issued unless consent is secured and filed with the permit application.”

This is excellent for municipalities but what about counties???

*  The intent of the legislation was to recognize that local units of government should have decision-making power regarding whether to allow fracking in their jurisdictions.  

*  This section demonstrates blatant disregard for the realities of the geography of fracking in Illinois regarding cities compared to counties.  Little if any fracking is anticipated within the cities of Carbondale, Marion, Decatur or other metro areas affected by the majority of fracking land leases.  If prior notification and an intentional process of permitting is important for metropolitan communities, why are the proposed rules silent regarding neighborhoods in counties and the families living there?

*  There is no substantive difference between a municipal or county government in Illinois in its powers other than the issue of Illinois Constitutional Home Rule.  However, the lack of county Home Rule has never preempted a county power to issue permits on mineral or oil extraction.  Numerous county governments have long histories and traditions in the permitting process regarding mineral and drilling industries. As the current fracking law is largely silent on the issue of county control, IDNR rules should err on the side of history and citizen decision-making. 

*  Counties and municipalities of government tax, employ law enforcement, provide social services and infrastructure.  The rules provide no explanation why citizens residing in counties of Illinois should have less input regarding fracking permits.  The regulatory differentiation between the rights of residents in municipalities vs. counties creates a group of second class citizens. These second class citizens have fewer rights in their ability to participate and ultimately determine the type and quality of energy extraction allowed in their neighborhoods.

*  There is no reasonable expectation that the personnel at IDNR have any better or more clear understanding of the will of citizens in counties regarding fracking permits than the residents themselves.  As the proposed IDNR rules envision municipalities empowered to decide fracking sites, what possible argument does IDNR have that it is better equipped or knowledgeable on the needs of residents living in Illinois counties? 

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

 

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Frackers Free To Violate Illinois – According to the State of Illinois

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This was supposed to be the toughest set of regulations in the United States. This is an outrageous lie created by The Chicago Sellouts, better know as the gang of 5, the IEC, the NRDC, ELPC, the Sierra Club, and Faith in Place. They shall pay for this.

 

Today (Sunday, 11/24/2013) is Day 10 of the IDNR 45 day comment period on fracking.  Thank you for all of the comments you’re making!

Today’s comment is on what constitutes a “serious” violation.

Here’s what to do to make your comment today:

This section of the rules states that every applicant applying for a permit must disclose to the Department  “all findings of a serious violation or an equivalent violation under federal, Illinois or other state laws or regulations in the development or operation of an oil or gas exploration or production site via hydraulic fracturing by the registrant or any parent, subsidiary, or affiliate of the registrant within the previous 5 years.”

  • What does IDNR define as a “serious” violation?  There is no guideline here making it easy for violators to claim that they didn’t report a violation because “we didn’t think it was serious.”  Instead, applicants should be required to disclose ALL violations alleged by public authorities and any fines or findings therefrom.
  • What is the reason for the 5 year time limitation?  When fracking violations potentially pose a threat to public health and safety, all previous violations and alleged violations should be considered when issuing a permit, regardless of how long ago they occured.

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

 

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IDNR Says Your Are Not Sick From Fracking Unless You Can Prove It

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So this regulation says essentially that you are never sick from fracking unless the Frackers and the IDNR agree that you are sick from fracking AND your doctor can prove it. Now of course you can’t prove it because they will not release a list of the chemicals  that they are using so you can test the environment for the chemicals so they can not say that they are naturally occurring. Got that?

 

Today is Day 8 of the 45 day Comment period on fracking in Illinois.  We start week 2.

Today’s comment is on the circular definition of an “affected patient.”

Here’s what to do to make your comment today:

IDNR identifies the definition of an “Affected Patient” as “a person receiving health care services from a health professional for an illness or injury diagnosed by the health professional to be caused by exposure to any chemicals used in high volume horizontal hydraulic fracturing operations that are subject to a claim of trade secret by a permittee or contractor.”

PROBLEM:  This definition is circular: in order to learn what chemical was used, a physician must first test for that chemical so s/he can prove s/he has a right to disclosure of the proprietary chemical.  How can a doctor diagnose exposure to a secret chemical used in high volume fracking before s/he knows what the secret cheemicals are to test for?

Thank you!

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

 

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IDNR Cancels Hearing In Effingham – Day 7 of comments released here

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The weather outside is frightful. Especially in Southern Illinois. So now you have all the time in the world to post comments to IDNR’s website.

 

Effingham, December 5, Holiday Inn 6:30 PM – CANCELED
• Decatur, IL December 17, Decatur Civic Center 6:30 PM
• Carbondale, December 19, SIUC Student Center 6:00 PM

Today is Day 7 of the 45 day Comment period on fracking in Illinois.  You’ve made it to the end of your first week.  Thank you for your comments!
Today’s comment is on the lack of provisions to address fracking in a tornado-ridden state.
Here’s what to do to make your comment today:
Comment:  Number of draft regulations proposed by Illinois Dept. of Natural Resources describing safety measures regarding tornado strikes on fracking sites: ZERO.  Number of tornados in Illinois in the last 10 years: 674.
Historically, the number and intensity of tornadoes in IL is very high.  “In fact, Illinois has experienced some of the worst tornados in US history.” Dr. Jim Angel, Illinois State Climatologist.
Every county in Illinois has had multiple tornados as demonstrated by the maps in the following links:
A big swath of Washington IL was flattened by a tornado on Sunday, 11/17/13. What would have happened if this tornado had hit an area of the state covered in fracking sites?  Debris from the tornado has been found over 150 miles away.  Imagine if that debris had included “temporarily” stored flowback water or tanks filled with frack fluid or produced water?
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510 E. Washington St. Suite 309
Bloomington, IL 61701
United States
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Illinois Department Of Natural Resourses Proposes 50 $$$ Fine For Fracking Violations

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This is worse than a sick joke. It is a travesty.

 

Today (Wednesday, 11/20/2013) is Day 6 of the IDNR 45 day comment period on hydraulic fracturing, aka “fracking.” 
Today’s comment is on the Ridiculously Low Fines Assessed on Violators of the Rules
Here’s what to do to make your comment today:
Suggested Comment: IDNR proposes to fine violators of the rules from $50 (less than a typical traffic ticket) to $2500 dollars per violation and add up to $ 1000 for actually causing environmental harm and up to $2000 for “creating a hazard to the safety of any person”.  These are fines for companies making potentially tens of millions of dollars or in many cases even more?   (Note: The top 5 oil and gas producers—Exxon-Mobil, Shell, Chevron, BP, and Conoco Phillips—made 118.1 billion in profits last year; in the last decade they have brought in over 1 trillion in profits.)   Where is deterrence in these penalties?  Let us answer that.  There is no deterrence.
NOTE:  We have learned that IDNR only has to provide a summary of the comments it receives to the Joint Committee on Administrative Rules.  To ensure that JCAR sees our actual comments, will you please copy your comment and e-mail to JCAR@ilga.gov.
Thank you!
P.S.  We have learned from Senator Harmon that Central Illinois WILL have a hearing.  We have contacted IDNR to obtain details but they said the details are not yet available.
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510 E. Washington St. Suite 309
Bloomington, IL 61701
United States

 

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A Whole Lot Of Shaking Could Go On – Those old Sky Scrapers could come a tumblen down

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It is true none of the tall buildings in either St. Louis or Memphis are even earthquake resistant let alone earthquake proof. To top that off they are built on alluvial soil. Then there are the bridges across the Mississippi, Nebraska and Ohio rivers.So even a moderate earthquake in the area could be its own little disaster movie.

Today (Tuesday, 11/19/2013) is Day 5 of the IDNR 45 day comment period on hydraulic fracturing, aka “fracking.” 
We’re asking for a little something extra from you today.  In addition to making today’s comment, which is about fracking-induced earthquakes (see below), will you also sign a petition that would allow Johnson County–which is in the heart of the New Madrid fault zone–to assert its right to local self-government in order to ban corporate fracking?  This would be a test case for Illinois and might open the door to local county governments banning fracking.  They need signatures.  You can sign here:
Today’s comment is on Seismicity: Insufficient Protection, Two Types of Risk
Here’s what to do to make your comment today:
Comment:  In subsection (a), “Applicability”, DNR proposes that this rule apply ONLY to Class II  injection wells, not to any other.  DNR has not proposed any rules for fracking wells.  This is insufficient protection of the population in southern Illinois where citizens are at risk of a major earthquake.  Southern Illinois sits above two active seismic zones: the New Madrid and the Wabash Valley.
There are two distinct earthquake risks: (1) the risks from injection wells inducing earthquakes that would not otherwise occur and (2) the risks of substantial injuries and damages created when the toxic fracking fluid left in the ground, in pipelines, and in wells (injection and otherwise) is let loose as a result of a major earthquake.  There are NO rules establishing guidelines for stopping fracking wells in the event of earthquakes, and NO considerations for siting any wells specifically in active seismic zones.  That omission is a reckless disregard for the safety of Southern Illinois residents, their property, and the ecology of the region.
Furthermore, in light of recent studies (see below), the risk of earthquakes can extend far beyond local areas.  See:
  • http://www.earth.columbia.edu/articles/view/3072 :  A new study is the latest to tie a string of unusual earthquakes, in this case, in central Oklahoma, to the injection of wastewater deep underground. Researchers now say that the magnitude 5.7 earthquake near Prague, Okla., on Nov. 6, 2011, may also be the largest ever linked to wastewater injection. Felt as far away as Milwaukee, more than 800 miles away, the quake—the biggest ever recorded in Oklahoma–destroyed 14 homes, buckled a federal highway and left two people injured.
  • http://geology.gsapubs.org/content/early/2013/03/26/G34045.1
  • http://www.usgs.gov/newsroom/article.asp?ID=3706&from=rss#.UohRF40hRL8  “Why America’s Heartland is Earthquake Country”, United States Geological Service, September 30. 2013
  • “Enhanced Remote Earthquake Triggering at Fluid-Injection Sites in the Midwestern United States”, Nicholas J. van der Elst et al., DOI: 10.1126/science.1238948, Science 341, 164 (2013).
We would love it if you would let us know if you made a comment today!  And please feel free to call us with questions, comments, or to volunteer your time at (309) 827-9627.  Please share this with others you know and encourage them to make comments too.
In solidarity in the struggle for environmental justice,
Your friends at IPA
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510 E. Washington St. Suite 309
Bloomington, IL 61701
United States

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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 Will Set Off The New Madras Fault – In Illinois a whole lot of shaking going on

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This whole earthquake thing has me shaking in my boots. No really. The last time New Madras went off the Mississippi River ran backwards and two mammoth lakes in Kentucky were created. There was no St. Louis or Memphis to be devastated. This is a big deal.

USED on Day 2 on 11/16/13

Topic:  Fracking and Seismic Activity (Earthquakes) 

Radio button: Part 240 : Seismicity (240.796)

Use any of the comments below related to when fracking causes earthquakes (“induced seismicity”)

NOTE: Every topic address must be entered as a separate comment.

·         COMMENT:  The Rules contain language about earthquakes and, on a broader level, they also assume that fracking indeed causes earthquakes.  The rules describe a whole series of fracking created earthquake levels of intensity. Why would the state allow any business activity that includes the real possibility of it creating earthquakes when done in an otherwise proper manner – especially in a geography known for major earthquakes?

·         COMMENT:  The rules are silent regarding broader concerns regarding how fracking created earthquakes will affect existing earthquake prone communities.  There is no mention of scientific review or study of the effect of fracking earthquakes within the Wabash Valley and New Madrid Seismic Zones.  The Illinois Emergency Management Agency identifies southern IL with its most severe earthquake zone ratings of “Destructive “and “Ruinous”.  How does IDNR justify allowing any fracking in these areas when industry best practices say there should be no fracking in seismic zones?

·         COMMENT: Rules define various intensities of fracking caused earthquakes by a color code system.  Enforcement doesn’t begin until “yellow light alert”, (a magnitude of at least 3.0 but less than 5.0).  This color coding system does not appear to be used by the federal USGS, the federal agency responsible for monitoring earthquakes. Why would IDNR use a system not used nationally?  What is the purpose of IDNR’s color coded system and what value does it add to protect citizens who might be affected by said quakes?

·         COMMENT: A fracking site can be responsible for creating up to 4 earthquakes up to a level of 4.9 magnitude WITHOUT a mandatory shut-down order by the state. A 4.9 earthquake is a serious and newsworthy event – (USGS description: “Sensation like a heavy truck striking building.  Standing motor cars rocked noticeably.”)  What justification does IDNR to allow this?

·         COMMENT: Mandatory shut-down of a site is based on a patchwork of multiple earthquakes at multiple times with varying intensity.  For example, if an earthquake caused by fracking “causes significant damage” or a magnitude of 5.0 or greater the state will shut-down the frack site.  A 5.0 earthquake is described by USGS as “Felt by all, many frightened.”   The rules use a dangerous, high threshold of earthquake intensity for a mandatory shut-down.  The fracking caused earthquake literally has to frighten people or break something before the state will step in.  What is the justification for such a high threshold?

·         COMMENT: If a shut-down order is made, the fracking company gets a hearing, the purpose of which is to “mitigate induced seismicity events near the permitted well”.  To “mitigate” is to minimize, not eliminate earthquakes caused by fracking.  As with the overall message of the earthquake rules, the intent appears to not eliminate earthquakes caused by fracking but actually permit them.  What does IDNR have to say to justify this?

·         COMMENT:  The penalty for failing to attend an earthquake hearing or continuing to frack after causing a serious, reported earthquake is $50 for a first time violation.  The rules define these violations as “Administrative penalties”.  This amount is a little less than the cost of a dinner and a movie.  Even with 4 or more earthquake violations, the maximum fine is only $500, arguably an acceptable business expense.  How is this justifiable? 

·         COMMENT:  Will fracking companies be held responsible for all monetary damages caused by earthquakes?

·         COMMENT: If the frack site continues to operate in violation of a state order regarding it creating earthquakes the minimum fine is $100.  Who is making up these ridiculously industry-slanted rules?

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Chevron Brings Good Fracks To You – Illinois is going to get the heck fracked out of it

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Will Chevron have wells in Illinois? Probably not.  They are to busy illegally fracking their wells off of California’s shoreline. But chatting them up can’t hurt.

Day 1 on 11/15/13

Topic: Who can and can’t testify and public hearings when fracking permits are requested. 

 

Go to:   http://www.dnr.illinois.gov/OilandGas/Pages/OnlineCommentSubmittalForm.aspx

Radio Button: Subpart B: Registration and Permitting Procedures (245.200-245.270)

 

Comment: Because air and water travel freely, IDNR should not limit comments during public hearings to individuals living within 1500 feet of wells.  Toxins can travel far beyond 1500 feet via air and water.  Therefore, any person, regardless of where they live, should be allowed to testify.

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