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DRBC takes a stab at regulating gas extraction

A quick synopsis:

http://www.state.nj.us/drbc/naturalgas-draftregs-factsheet.pdf

Full Draft Regulations:

http://www.state.nj.us/drbc/naturalgas-draftregs.pdf

NY's Governor Paterson tried to get them to wait:

"December 6, 2010
Ms. Carol Collier
Executive Director
Delaware River Basin Commission
P.O. Box 7360
West Trenton, New Jersey 08628

Re: Proposed Regulation of Natural Gas Hydraulic Fracturing and Associated Activities

Dear Ms. Collier:

I write to request that the Delaware River Basin Commission halt its efforts to enact regulations covering certain elements of natural gas extraction activities within New York State.
New York is presently proceeding with a careful and comprehensive review of the broad array of scientific and technical issues associated with high volume hydraulic fracturing. Indeed, horizontal hydraulic fracturing to produce natural gas is not underway in New York, and will not be underway until completion of this review. Chief among the items being assessed are the potential risks and technical remedies necessary to assure the protection of the biological, chemical and physical integrity of the State's surface and ground waters. A supplemental environmental impact statement review is underway, as are efforts to develop the regulatory, engineering, financial assurance, enforcement and staffing elements of any potential program. As you know, New York has determined that separate environmental reviews would be necessary for any natural gas projects that might be proposed within the unfiltered New York City drinking water watershed, a watershed that comprises a significant portion of the Delaware River basin within New York.
DRBC appears intent on going forward with a regulatory program that would not have the advantage of the full investigations and public deliberations taking place in New York. Your proposed program, covering only a very small portion of New York State, could well conflict with the technical and regulatory protocols ultimately adopted in New York, causing confusion, duplication, redundant regulatory fee assessments, differing regulations in different locations and possible mismanagement. It would make far more sense for DRBC to participate in the New York process and assist in making the program as effective as possible, certainly before undertaking unilateral action. Importantly, given that there is a gubernatorial transition underway, it is appropriate that the DRBC avoid upsetting the transition process and policy prerogatives of the in-coming Governor.

We look forward to discussing these concerns before any action is undertaken and ask that you contact Peter Iwanowicz, Acting Commissioner of the New York State Department of Environmental Conservation and Deputy Secretary to the Governor for the Environment at 518-402-8540 to discuss this matter at your earliest convenience.

Sincerely,
David A. Paterson

cc: Hon. Chris Christie, Governor of New Jersey
Brigadier General Peter DeLuca, Commander U.S. Army Corps of Engineers, NAD
Hon. Jack Markell, Governor of Delaware
Hon. Edward Rendell, Governor of Pennsylvania
Senator Schumer
Senator Gillibrand
Representative Hinchey
Representative Bishop
Representative Israel
Representative Engel
Representative Hall
Representative Murphy
Hon. Michael R. Bloomberg, Mayor of New York City
Commissioners of DRBC"
 
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I have some serious reservations on the land use regulations. The DRBC seems to be trying to control all land use issues and the land use quidelines are poorly defined.

The setbacks from streams seems to be excessive and poorly defined , The draft reg can be said to encompass anything including drainage ditches, farm terreces, intermittement stream and almost anything else. It can be used by overzealous regulators or organization to stop almost anything unless there is a better definition.
 
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