The Illinois Department of Natural Resources (IDNR) has submitted revised rules that could significantly impact hydraulic fracturing operations, and liability resulting therefrom.  These revisions impact chemical disclosure requirements, trade secret protections, and presumptions of liability for pollution.  On August 29, 2014 the IDNR submitted its Second Notice of Revised Administrative Rules for High Volume Hydraulic Fracturing (fracking) to the Joint Committee on Administrative Rules (JCAR).  According to the IDNR, the revisions substantially strengthen and clarify several sections of the proposed rules based on “a record level of public participation.”

The proposal includes revisions to definition of “base fluid,” the chemical disclosure requirements, and the permit application requirements.

See the IDNR’s website for detailed information about the proposed administrative rules and the IDNR’s response to public comments at: http://www.dnr.illinois.gov/OilandGas/Pages/PublicHearingTranscriptsAndComments.aspx

JCAR is a bipartisan legislation oversight committee authorized to conduct systemic reviews of administrative rules promulgated by State agencies.  Composed on 12 legislators, JCAR monitors legislation, conducts a Public Act review to alert agencies to the need for rulemaking, and conducts integrated review programs.  For more about JCAR see: http://www.ilga.gov/commission/jcar/