Much of the debate on high volume hydraulic fracturing for natural gas in Illinois has centered on two concerns: Environment and industry. Illinois Department of Natural Resources Director Marc Miller believes the two priorities are not mutually exclusive.
“The major thing we want to put out there is the vision we have goes against conventional wisdom. A lot of questions asked take the conventional path of jobs versus the environment,” Miller said Monday.
“I feel you can have development and economic activity while also protecting the environment.”
With the second draft of IDNR’s High Volume Horizontal Hydraulic Fracturing Administration Rules submitted to the state Joint Committee on Administrative Rules Aug. 29 that committee has until mid-October — 45 days from the date of receiving them to reach a decision. That decision will be to accept the rules, accept them with modifications, to reject them or to take an extra 45 days to reach a decision. If JCAR decides to accept them, companies can begin the permit application process.
Miller believes his agency has done it’s job.
“Looking at the rules, they are very strong and have a strong amount of protection that minimizes risk,” he said.
Hearings
One aspect of the second draft involves each permit requiring a hearing within the county where the well is being drilled or within 30 miles of it in the case of a location being near a county line. The first draft said IDNR would hold hearings in Springfield to cut down on the administrative costs, but the second draft changed that. With most of the fracking attention being downstate, Miller said the department would not be in keeping with it’s goal of transparency to require those affected to drive to Springfield to make their voices heard.
Miller said IDNR would make a record of those voices. The rules require a setback of 500 feet of any residence, place of worship, school, hospital, licensed nursing home, existing water well or developed spring. A person living 500 or more feet away, but within line of site from a proposed well site can make a statement at a hearing that IDNR can take into consideration. Some states have brought up issues of light pollution and noise and complaints of that nature would be under consideration, Miller said.
“I think the industry can be responsive to issues like those,” he said.
The hearings in particular would take into consideration emergency conditions existing under which “conduct of the high volume horizontal hydraulic fracturing operations would pose a significant hazard to public health, public safety, property,
aquatic life, wildlife, or the environment,” according to Section 245.400 of the rules.
Companies found to have committed dishonest practices in other states may also lead to denial of a permit.
Water
The new fracking rules do not address the drawing of water, though the source of fracking water must be disclosed in the permit application, Miller said.
Of concern to some in our area is the drawing of water for injection into New Albany shale formations — which may be millions of gallons for one fracking well along with chemicals and sand.
In the 2012 drought the region’s most pure and abundant water supply — the Henry Aquifer overseen by the Saline Valley Water Conservancy District — dropped significantly due to farmers using the aquifer for irrigation systems.
Miller said the state’s rules do not regulate the drawing of water.
“We don’t have the ability to regulate these withdrawals,” Miller said.
He said there are studies underway that seek information on aquifers in the state to determine water availability and its storage for the future.
Earthquakes
IDNR has taken earthquake damage to fracking sites under consideration, including a “stop light” system in the rules.
Upon a seismic event IDNR may order an action stoppage at a well to examine potential damage.
Flood
The second draft of the rules set a maximum of seven days during which wastewater drawn out of a well may sit in an open tank before being stored in an enclosed container.
“The purpose in doing that was to minimize the risk of a flood carrying off contaminated water,” Miller said.
Restoration
“One of the thing we changed in the second draft was to strengthen land restoration requirements so the land can be restored to its original state,” Miller said.
Restoration is to commence within six months and be completed in 12 months.
IDNR is to work with the University of Illinois Extension and Illinois Department of Agriculture to develop a list of best management practices to develop technical guidance.
Fines
Fines for false information on drilling permits are set at $500 if there is no previous violation of the same rule, $1,000 if there is one previous violation of the same rule, $1,500 for two violations of the same rule, $2,000 for three previous violations of the same rule and $5,000 for four or more previous violations of the same rule.
For operating a well without obtaining a permit carries a fine up to $25,000 with five or more previous violations.
If a violation has a high degree of probability to cause environmental damage to the soil, land surface, vegetation or crops, surface water, groundwater, livestock or wildlife there is an additional fee of $2,500. If the violation actually caused damage in those areas the fine adds $10,000.
“I think the industry as a whole does attempt to be good operators. In the long run it’s in their best interest to be good operators. If the fines are too low they can be ignored,” Miller said.
“If you look at the fines there are some teeth to them.”
When asked if Miller has the power to waive fines and on what basis he may choose to waive fines, Miller did not have an answer.
“I don’t believe I have the answer to that one. I will have to do a review of that,” Miller said.
Most stringent rules
When State Rep. John Bradley wrote Illinois’ fracking bill it was touted as being the most stringent in the nation.
Miller said there are three areas where Illinois’ law stands above others and that is in it’s appeal to public participation, it’s transparency and in its environmental protection.
“We have water testing before drilling starts and after drilling starts,” he said, so if there is a complaint of water quality the state will have the baseline data.
The law also requires drillers to disclose the chemicals it is pumping into the ground and extracting.
The concrete and steel well casing requirements are strengthened.
There are also rules for seismicity and testing for radioactivity.
Miller said state rules in Ohio, Pennsylvania and Nevada are developing rules similar to those in Illinois.
“A lot of what we are proposing is falling in line with what other states are doing,” Miller said.
“We’ve said we are so much better and other states are catching up.”
