www.illinois.gov

Pat Quinn, Governor

State Links Skip to Content Skip to State Links

 Government
 Business
 Employment
 Education
 Health & Safety
 Family & Home
 Visiting
 About Illinois
 Illinois.gov

Stay Informed

Your Government


Illinois Flag Honors

Inspector General


 IGNN: Main State Page Press Release

ILLINOIS NEWS

FOR IMMEDIATE RELEASE
August 29, 2014

IDNR Delivers Revised Rules to Implement Hydraulic Fracturing Regulatory Act
Rules strengthened to ensure public participation, improve transparency, toughen penalties and protect the environment

SPRINGFIELD – The Illinois Department of Natural Resources (IDNR) today delivered revised rules to implement the Hydraulic Fracturing Regulatory Act.  The revised rules were submitted to the Illinois General Assembly’s Joint Committee on Administrative Rules (JCAR) for a required second public notice period. 

Based on a record level of public participation following release the first draft last fall, the IDNR has substantially strengthened and clarified several sections of the proposed rules.  Passage of the HFRA and the subsequent rulemaking process generated an unprecedented amount of feedback. Five public hearings were held around the state, and the agency received more than 31,000 comments amounting to 43,000 pages from members of the public, units of local government, environmental organizations and industry.  The annotated copy of the revised rules, including comments and the agency’s responses to each issue area, can be found at: www.dnr.illinois.gov.

“As the agency charged with standing up a brand new regulatory program, it was important that our staff took the time needed to consider all the public feedback and do the job right,” said IDNR Director Marc Miller. “We believe the revised rules submitted to JCAR today accurately reflect the intent of the law, and take into account the concerns of our constituents.”

Following the start of the second public notice period, JCAR has 45 days to consider the proposed regulations. JCAR can request an additional 45 days. By delivering the revised rules in time for the next scheduled JCAR meeting on Sept. 16, IDNR has insured that JCAR has adequate time to complete its work. Rules must be adopted within one year of first notice, which for this rulemaking will be Nov. 15, 2014.


Key changes to the rules:

Public participation

• Strengthened public disclosure on water volumes and fracking chemicals used.  245.210(a)(8)
• Clarified rules to protect ability for public to comment during permit approval process. 245.260
• Clarified rules to ensure that public hearings are held in the County where the proposed well site is located. 245.270(b)(2)
• Strengthened rules regarding permit modifications to ensure greater public notification and comment opportunities. 245.330

Transparency

• Improved transparency and public notification if water pollution problems occur. 245.615
• Strengthened rules governing  chemical disclosure and use of trade secrets 245.710 & 245.720
• Strengthened and clarified rules regarding trade secret disclosure to health professionals to protect public safety.  245.730

Enforcement

• Strengthened Well Site safety plans. 245.210 (a)(12)
• Strengthened department oversight to identify water pollution problems. 245.620
• Increased transparency and toughened enforcement penalties for violations.  245.1120
• Clarified reporting requirements for annual flaring reports. 245.930

Environmental protection

• Expanded rules to cover all types (non-water) of fracturing technologies 245.100
• Required that drilling fluids, cuttings, and waste be tested for radioactivity and be stored appropriately 245.510
• Strengthened rules to protect fresh water zones from hydraulic fracturing fluid contamination during operations. 245.840
• Clarified rules to ensure that flowback materials are not stored temporarily in open reserve pits for more than seven days. 245.850(c)
• Raised threshold requirements for claims of economic unreasonableness regarding flaring; required the use of auto igniters, improved monitoring requirements. 245.845 & 245.900
• Strengthened land restoration requirements. 245.1020

 



###

News Categories

 State/All
 Governor's Office
 Lt. Governor's Office
 Agriculture
 Budget/Fiscal
 Business
 Children/Families
 Culture
 Disabilities
 Economic Development
 Education
 Environment
 Flag Honors
 Health/Human Services
 History
 Infrastructure
 Opportunity Returns
 Recovery
 Safety/Security
 Technology
 Tourism/Recreation
 Transportation
 Workforce/Jobs

News Resources

 Search the News
 IIS Radio News
 RSS News Feeds
 e-News Subscriptions
 Communications Office
 Privacy Statement

Features

Sign up for an e-news subscription
Copyright © 2014 State of Illinois Site Map | Illinois Privacy Info | Kids Privacy | Web Accessibility | Contact Us