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Illinois fracking regs face scrutiny; approval delayed


By STEVE BINDER
Illinois Correspondent

SPRINGFIELD, Ill. — Just when those who support hydraulic fracturing thought they had turned a corner and could see new wells drilled soon, a state legislative panel in Illinois said it will take an extra 45 days to review long-awaited rules governing the practice.
And given that the legislature’s Joint Committee on Administrative Rules wants that extra time to review the new rules, it is unlikely any permits could be approved before the calendar year ends.
Earlier this month, and about two weeks after the state’s Department of Natural Resources (IDNR) issued its latest draft of the new rules, the panel said it would need up to 90 days, instead of 45, to finalize the rules. The extension gives the panel until Nov. 15 to act.
The panel has the option of making changes to the rules, rejecting them entirely or doing nothing to them, in which case they automatically take effect as-is.
The rules were the product of a new law signed by Gov. Pat Quinn more than 14 months ago, with the goal of issuing permits for new wells using hydraulic fracturing before the end of 2013.
But the IDNR was flooded with more than 30,000 public comments, most from those opposed to the process also known as “fracking,” which involves the injection of sand, water and chemicals deep underground and then extracting oil and natural gas through horizontal drilling action.
The process has been credited with the start of a domestic glut of fuel, and the International Energy Agency predicts that through 2018, the U.S. and Canada will produce nearly two-thirds of the increased demand for oil throughout the world.
Supporters of fracking, as well as opponents, said they have reasons to dislike parts of the latest draft of rules to oversee the industry, but they also conceded that IDNR officials incorporated changes to initial drafts based in part on the public comments received.
The oil industry cried foul over several changes, including a ten-fold increase in fines and penalties under the rules, as well as additional disclosure requirements regarding the volumes and identity of chemicals used.
But Marc Miller, IDNR’s director, noted that the fines and penalties were boosted to match some of the toughest already in existence in other states.
“I don’t think this is an onerous set of rules,” Miller said. “I think this is where the industry will be going to address all the concerns that are happening in other states and we will be in line with that.”
He described the rules as they exist now as “a strong environmental bill that allows for economic development in a thoughtful way.”
When it passed both chambers in the spring, the bill was lauded not only for its potential of producing an estimated 50,000 jobs within the Illinois Basin, but because of the inclusive nature of how it was drafted. Lawmakers invited energy interests, as well as environmentalists, to the table during drafting sessions.
9/26/2014