Claiming that the legislation will give the state the strongest
environmental standards for hydraulic fracturing operations, or
"fracking" in the United States, on June 17, Illinois
Gov. Pat Quinn signed into law a bill regulating the practice. The
Hydraulic Fracturing Regulatory Act introduces the first
comprehensive controls on fracking in the state. Among other
things, it requires oil and gas drillers to disclose which
chemicals they are using both before and after fracking operations
and requires water sampling of pre- and post-fracking groundwater
with operators liable for any ensuing water pollution. The New
Albany shale formation in southern Illinois, believed to contain
billions of cubic feet of natural gas, is the focal point of the
now settled fracking debate in Illinois.
The law will be implemented by the Illinois
Environmental Protection Agency and Department of Natural
Resources. Applications for fracking operations are now subject to
public comment periods and a public hearing. Once approved,
operators must submit both pre- and post-fracking chemical
disclosures to the state, in contrast to the practice in other
states. Operators may attempt to shield the identity of the
chemicals they use from public disclosure under "trade
secret" provisions with such claims subject to challenge
through the state's freedom of information law.
In contrast to standard practice, wastewater from operations must be stored in above-ground closed tanks, rather than in pits typically used in the industry. Operators must test groundwater around the fracking area against a predrilling baseline, 6, 18 and 30 months after operations commence. Operators are responsible for groundwater impacts if testing shows that the baseline standard has been exceeded, absent convincing evidence that their fracking operation was not the source of the impact.
The law has the support both industry groups and environmental groups making legal challenges unlikely.
This article is presented for informational purposes only and is not intended to constitute legal advice.
