Category Archives: stewardship

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

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

 

Day 31 of the IDNR Comment Period

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

Topic: The risk of large scale environmental disasters

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

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

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

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

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

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

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

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

 

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

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

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

Day 29 12/13/13 

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

Section 245.270 Public Hearings

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

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

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

Decatur Hearings Coming Up On December 17 – Everyone is welcome

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

 

 

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

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

COME TO THE DECATUR IDNR MEETING

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

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

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

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

BUSES

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

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

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Please For God’s Sake – Recycle the fracking fluid

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Why are we even messing around with this stuff. Colorado already demands recycling and Oklahoma make drillers bottle the natural gas. Why are we providing a lower standard of treatment of the Earth then other places.

 

Today’s Topic:  Discrepancies between the law and the rules on how long open-air pits can be used to store flowback.
  • 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: Section 245.850  Hydraulic Fracturing Fluid and Hydraulic Fracturing Flowback Storage, Disposal or Recycling, Transportation and Reporting Requirements
  • Submit your comment/s (below)
  • Click “Submit”
Section 1-75 of the Hydraulic Fracturing Regulator Act mandates that “excess hydraulic fracturing flowback captured for temporary storage in a reserve pit as provided in paragraph (2) of this subsection must be removed from the well site within 7 days.”
But Section 245.850 of the proposed rules states, “Any excess hydraulic fracturing flowback captured for temporary storage in a reserve pit as provided in Section 245.825 must be removed from the well site or transferred to storage in above-ground tanks for later disposal or recycling within 7 days after completion of high volume horizontal hydraulic fracturing operations.”
Problem:  The amendment of “after completion of high volume horizontal hydraulic fracturing operations” opens the door for the potential abuse of emergency pits.  Storage in closed tanks can be costly for the industry.  An unscrupulous operator wanting to cut costs could simply claim that there was more flowback than expected and end up using open pits for storage for the duration of the fracking process.
The clear intent of the statute is to ensure that wastewater is stored in tanks except in the emergency event of an unforeseeable overflow, in which case it is preferable that the overflow go to a pit than simply spill on the ground. But in such event, the overflow is expressly required in the statute to be removed within a week. Through omission and misinterpretation, the regulations are not implementing this statutory directive.
Section 245.210(a)(11), requires that an applicant submit a Hydraulic Fracturing Fluids and Flowback Plan.  The plan does not include requirements to ensure that tank capacity is accurately calculated. Without such method, there is nothing in the regulations to prevent operators from underestimating the size of the tanks they need, so as to make routine use of the reserve pit for the resulting overflows. Operators presumably have an economic incentive to do so in order to hold down the cost of tank storage.
Compounding this incentive is the Department’s weakening of the statutory directive that fluids deposited in a reserve pit be removed within 7 days (Section 1-75(c)(5). The regulations fail to require such prompt removal, allowing, at subsection 245.850(c), the overflow to remain in the reserve pits until 7 days “after completion of high volume horizontal hydraulic fracturing operations.” Certainly on a multi-well pad, hydraulic fracturing operations can continue for a month or more, meaning that the flowback fluid could be left sitting in the reserve pit, creating environmental risk, for much longer than a week.
Revisions needed:  First, require that drillers anticipate appropriate sized tanks for sufficient storage of flowback and produced water by establishing a method for tank capacity calculation. Second, clarify that wastewater must be removed from the pit within 7 days of the event that triggered the use of the pit rather than 7 days after fracking operations are complete, in accordance with the law.
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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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