Updated Marcellus Shale Citizen Alert

[brachycentrus]

Updated Marcellus Shale Citizen Alert

Greetings:

I am shocked and extremely pleased to inform you that nearly 6,500 citizens, elected officials and environmental organizations have signed the coalition letter requesting Governor Paterson to withdraw the draft Supplemental Environmental Impact Statement (dSGEIS) for Marcellus Shale Horizontal Drilling and Hydrofracking. Our goal is now 10,000 signatories.

The coalition letter has received extensive media coverage, including tv and front-page articles in the Finger Lakes, the Southern Tier and Central New York:

6,000 sign petition asking DEC to strengthen natural gas-drilling regulations | theithacajournal.com | The Ithaca Journal

The governor is reportedly being deluged with emails, phone calls and faxes. Keep pushing the governor to withdraw the dSGEIS. The comment period ends 12/31/09.

Urge your family, friends, colleagues and elected representatives to take immediate action. Forward this email or post our Contact the Governor page on your preferred social networking site: Urgent Marcellus Shale Citizen Action Alert | Toxics Targeting

I have attached a Town of Ithaca Resolution supporting withdrawal of the dSGEIS. It passed unanimously Monday. The Town of Enfield unanimously adopted a revised version of the resolution. Many thanks to the honorable Rich Depaolo, Town of Ithaca Board Member and author of the excellent resolution.

After you persuade everyone you know to sign the coalition letter plus email and phone Governor Paterson, you can consider trying to persuade your local City, Town or Village officials to adopt a resolution in favor of withdrawing the dSGEIS.

Thanks for all your help.

ONLY THREE WEEKS TO GO. POUR IT ON. NO EXCUSES.

Onward and upward,

Walter Hang

Email Governor David A. Paterson: governor@chamber.state. ny.us

Please bcc: info@toxicstargeting.com so we can maintain a record of all contacts.

Call or write the governor:
State Capitol
Albany, NY 12224
518-474-8390 (o)
518-474-1513 (Fax)

Make the following points succinctly and emphatically:

Governor Paterson must immediately withdraw the draft Supplemental GEIS because it is utterly inadequate to safeguard New York's environment and public health.

The Department of Environmental Conservation's (DEC) own spill reports document existing regulations have failed to prevent or to require the clean up of hundreds of natural gas and oil drilling problems involving fires, explosions, polluted drinking water wells, home evacuations and massive drilling wastewater releases. DEC must not issue new gas drilling permits until those regulatory concerns have been fully resolved. That is why the Supplemental GEIS review must be restarted.

The draft SGEIS totally fails to propose a safe method of managing natural gas drilling wastewater and hydrofracking fluid. It simply leaves that task to localities. Improper management of natural gas drilling wastewater has already caused massive toxic pollution impacts. The SGEIS must solve this disposal problem before new natural gas drilling permits are issued.

DEC is woefully understaffed to cope with existing natural gas drilling problems. Only 17 staff are available to regulate nearly 7,000 existing natural gas wells. New gas drilling permits must not be issued until the SGEIS solves this problem.

The SGEIS fails to address critical issues associated with strict clean up liability, natural gas spill reporting, private right of legal action, insurance coverage and unfunded local government mandates. All those concerns must be addressed prior to the issuance of new gas drilling permits.

Share your personal concerns with Governor Paterson. Please be respectful, but remember Governor Paterson has a duty to protect New York's natural resources and public health. That is why the draft SGEIS must be withdrawn.

Thank you for your assistance. Contact me if you have questions.

Coalition Letter sign-up: Coalition Letter Requesting Governor Paterson to withdraw the Department of Environmental Conservation's Draft Supplemental Generic Environmental Impact Statement (dSGEIS) for Oil and Gas Mining | Toxics Targeting
The coalition letter's signatories can be viewed at: Coalition Letter Requesting Governor Paterson to withdraw the Department of Environmental Conservation's Draft Supplemental Generic Environmental Impact Statement (dSGEIS) for Oil and Gas Mining | Toxics Targeting
Marcellus Shale Section: Marcellus Shale Information & Interactive Map | Toxics Targeting
Facebook: Toxics Targeting | Facebook
Twitter: Toxics Targeting (toxicstargeting) on Twitter

To unsubscribe, e-mail: signatories_list-unsubscribe@lists.toxicstargeting.com




11/10/09 DEMOCRACY NOW!:
* Watchdog: New York State Regulation of Natural Gas Wells Has Been "Woefully Insufficient for Decades." *
The New York-based Toxics Targeting went through the Department of Environmental Conservation's own database of hazardous substances spills over the past thirty years. They found 270 cases documenting fires, explosions, wastewater spills, well contamination and ecological damage related to gas drilling. Many of the cases remain unresolved. The findings are contrary to repeated government assurances that existing natural gas well regulations are sufficient to safeguard the environment and public health. The state is considering allowing for gas drilling in the Marcellus Shale watershed, the source of drinking water for 15 million people, including nine million New Yorkers.
Watchdog: New York State Regulation of Natural Gas Wells Has Been "Woefully Insufficient for Decades."

11/16/09 WHCU Interview With Walter Hang About Marcellus Gas Drillng

Hang: Gas Drilling & DEC - WHCU Podcast | Toxics Targeting


Natural gas quest: State files show 270 drilling accidents in past 30 years
By Tom Wilber .twilber@gannett.com . November 8, 2009, 7:15 pm
Natural gas quest: State files show 270 drilling accidents in past 30 years | pressconnects.com | Press & Sun-Bulletin


The state's depiction of a clean, tightly regulated natural gas industry just got a shot of muck in the eye.
As the debate over the merits of Marcellus Shale development reaches a crescendo, an Ithaca researcher has culled a list of 270 files documenting wastewater spills, well contamination, explosions, methane migration and ecological damage related to gas production in the state since 1979.
Walter Hang, president of Toxic Targeting, compiled the files using the Department of Environmental Conservation's own hazard substances spills database.

 

[brachycentrus]

Town of Ithaca resolution

REGULAR MEETING OF THE ITHACA TOWN BOARD
MONDAY, DECEMBER 7, 2009

TB RESOLUTION NO. 2009-: REQUEST TO GOVERNOR DAVID A. PATERSON to Withdraw the draft Supplemental Generic Environmental Impact Statement Related to Horizontal Drilling and High-Volume Hydraulic Fracturing to Develop Marcellus Shale and Other Low-Permeability Gas Reservoirs

WHEREAS, the Town of Ithaca, a community in Tompkins County with a population exceeding 19,000, is wholly located above a portion of the Marcellus Shale formation, a low-permeability rock formation estimated to contain reserves of natural gas; and

WHEREAS, recent technological developments including horizontal drilling and high-volume hydraulic fracturing have enabled energy exploration companies to potentially exploit this resource in New York State, including the Town of Ithaca; and

WHEREAS, the Town of Ithaca recognizes the need for interim energy sources as our state and country transition to widespread economical renewable energy use; and

WHEREAS, the Town of Ithaca recognizes that, if properly regulated, the development of natural gas resources in New York State could present some communities and residents with financial benefit; and

WHEREAS, the Town of Ithaca also realizes that the aforementioned potential financial benefits could easily be offset by unforeseen and preventable damage to the Upstate economy, including the tourism, wine, agriculture and education industries, should development of natural gas resources be allowed to continue in a largely unregulated manner; and

WHEREAS, land-use planning in the Town of Ithaca is guided by a Comprehensive Plan and Zoning Ordinance; and
**
WHEREAS, in addition to residential, commercial and industrial zones, the Town of Ithaca is also comprised of sizable areas either prioritized for conservation or unsuitable for surface disturbance, including 3,161 acres of Conservation Zone, 4,295 acres of Unique Natural Areas, 502 acres of NWI or NYSDEC wetlands, 1,072 acres of State and Town parklands, 2,128 acres of hydric soils, 4,642 acres of Agricultural Districts, 9,557 acres of undeveloped forest, brush and meadow, and contains lands in excess of 15% slope totaling 18% of its total land mass; and

WHEREAS, through the Comprehensive Plan process, Town of Ithaca residents have overwhelmingly identified environmental protection as a top priority for consideration in land-use and growth management policies; and

WHEREAS, the Town of Ithaca has historically taken an active role in the siting and permitting of development within its borders, including the proliferation of industry; and

WHEREAS, it is generally recognized that NYSDEC has assumed de facto siting and permitting authority related to the exploration and extraction of natural gas; and

WHEREAS, Town of Ithaca taxpayers have expended millions of dollars developing, maintaining and protecting clean drinking water sources, and water resources from Six Mile Creek, Fall Creek and Cayuga Lake within the Town of Ithaca supply water to an estimated 50,000 people; and

WHEREAS, Town of Ithaca taxpayers have expended millions of dollars developing, maintaining and upgrading advanced wastewater processing facilities including biological processes that are not designed to treat fracturing fluid and wastewater from natural gas operations; and

WHEREAS, the process of hydraulic fracturing involves the use, retention and disposal of millions of gallons of fracturing fluid and wastewater that is high in dissolved solids and contains toxic and radioactive materials, some of which are not subject to public disclosure requirements; and

WHEREAS, there are no requirements for closed, above-ground storage facilities, nor pre-treatment requirements, for the fracturing fluid and wastewater generated during the fracturing process; and

WHEREAS, the United States Environmental Protection Agency may be preparing to undertake an investigation of the impacts of hydraulic fracturing on the environment; and

WHEREAS, there have been hundreds of reported spills, fires and contaminated water supplies related to conventional vertical well drilling in New York State, and surface contamination related to the retention and disposal of fracturing fluid and wastewater from natural gas operations; and

WHEREAS, staff resources of the NYSDEC Division of Mineral Resources, Bureau of Oil and Gas Regulation are dangerously inadequate to manage current drilling activities in New York State and, so, are not sufficient to handle the widespread proliferation of deep well horizontal drilling and hydraulic fracturing; and

WHEREAS, the proposed fee structure related to permitting new wells would not provide finances adequate to staff NYSDEC to the degree necessary to process and manage an onslaught of new and more complicated drilling operations, thereby potentially creating a taxpayer subsidy for the oil and gas industry; and

WHEREAS, there is no strict liability requirement for natural gas drilling waste releases by energy companies, potentially shifting the financial burden of remediating contamination related to drilling and extraction to taxpayers; and

WHEREAS, New York State’s Spill Remediation Fund may only be available for emergency response related to oil spills, excluding emergencies related to natural gas; and

WHEREAS, reporting requirements for uncontrolled oil and gas releases are currently insufficient and could be made similar to those for leaking underground storage tanks; and

WHEREAS, according to NYSDOT, New York State and Tompkins County reportedly contain the same alarmingly high percentage (37%) of structurally deficient or functionally obsolete bridges; and

WHEREAS, the widespread development of natural gas resources in New York State would involve the regular transport of heavy equipment and routine hauling of large volumes of hydraulic fluid and hydraulic fracturing wastewater over state, county and municipal roads and bridges, creating potentially dangerous conditions and a financial burden for taxpayers; and

WHEREAS, foreknowledge of the siting of industrial facilities related to natural gas development is critical to acquiring an understanding of future road usage for bonding and planning purposes, and no such advance notification requirement exists; and

WHEREAS, a comprehensive analysis of the statewide impacts of natural gas development utilizing a “full build-out” scenario has not been done; and

WHEREAS, the Town of Ithaca has a responsibility to preserve and protect its natural resources, water resources, infrastructure, and residents’ quality of life.




NOW, THEREFORE BE IT

RESOLVED, that the Town of Ithaca Board hereby requests that the Honorable David A. Paterson, Governor, withdraw from SEQRA review the Draft Supplemental Generic Environmental Impact Statement On The Oil, Gas and Solution Mining Regulatory Program- Well Permit Issuance for Horizontal Drilling And High-Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other Low-Permeability Gas Reservoirs, as the aggregate protection provided therein is inadequate to safeguard the public health, environment and economy of New York State.

BE IT FURTHER RESOLVED, that the Town Board of the Town of Ithaca requests that no new permits be issued for horizontal drilling and deep well hydraulic fracturing until the aforementioned and following regulatory issues are addressed:

Allow municipal control over permitting, siting and certain construction and operational parameters in accordance with a municipality’s land-use regulations and local laws.

Require closed storage and pre-treatment of fracturing fluid and wastewater from natural gas operations. Prohibit surface storage and surface disposal of fracturing fluid and wastewater from natural gas operations.

Require complete public disclosure of fracturing fluid and drilling wastewater constituents.

Require independent baseline water quality testing of potentially impacted public and private drinking water sources, financed by energy companies.

Mandate setbacks from private and public water sources that are adequate to protect them from uncontrolled releases of gas and hydraulic fluid, which, according to NYSDEC historical spills data, can migrate thousands of feet in minutes.

Impose strict reporting requirements for uncontrolled oil and gas releases consistent with New York State Navigation Law.

Impose strict financial liability on energy companies for environmental remediation costs.

Allow access to New York State’s Spills Remediation Fund for emergency clean-up related to natural gas drilling contamination releases.

Create a permit fee structure to finance adequate staffing at NYSDEC and training of local emergency response personnel.

Require energy companies to post performance bonds or acquire pollution clean-up insurance prior to initiating site work.

Require disclosure of development plans far enough in advance to allow for planning and bonding for bridge and roadway use.

Conduct a comprehensive analysis of statewide impacts of natural gas development, using a “full build-out” scenario based on the maximum allowable wells per acre.

BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to Governor Paterson, NYSDEC Commissioner Grannis, State Senators Winner, Seward, and Nozzolio, State Assembly Speaker Silver, State Assemblywoman Lifton, Chair of State Senate Committee on Environmental Conservation Thompson, Chair of State Assembly Committee on Environmental Conservation Sweeney, State Attorney General Cuomo, U.S. Representatives Hinchey and Arcuri, U.S. Senators Schumer and Gillibrand, Mayor of Binghamton Matthew T. Ryan, New York State Association of Towns and Municipal Officials and Clerks.


MOVED:


SECONDED:


VOTE:





Supervisor Engman
Councilwoman Leary
Councilman Stein
Councilman Goodman
Councilman Levine
Councilwoman Hunter
Councilman DePaolo

 

[Eagle Claw]

I wonder how much land the governor or his family and friends own in the Catskills ? It could make someone a bunch of money.

 

[Eagle Claw]

I wonder how much land the governor or his family and friends own in the Catskills ? It could make someone a bunch of money. Maybe that should be looked into as a possible conflict of interest angle.

 

[Future Fanatic]

I wonder how much land the governor or his family and friends own in the Catskills ? It could make someone a bunch of money. Maybe that should be looked into as a possible conflict of interest angle.

That's an interesting idea. Could then ANY decision he makes in NYS be looked at as a conflict of interest since he is a NYS resident?

But here is an interesting bit of reading(for those who are open minded and care to read it). Below I will post a biography of the man who was appointed by Governor Spitzer to lead the DEC, Pete Grannis. You will see that the man, from Manhattan, has a history of being VERY environmentally conscious; in fact, he is an activist. Then below his biography, I will post his testimony at a NYS Assembly Hearing.

Given the emotional rhetoric thrown around here on the subject of gas drilling, does the testimony he gives sound a bit different than what you might expect from an environmental activist? Could it be that he has a better understanding of what the TRUE impacts of gas drilling might be? Does the man written about in that biography seem the sort that would CAVE to political pressure or pressure from industry? BTW he is a fly fisherman, too.
I hope you read both.

Biography of Commissioner Pete Grannis - NYS Dept. of Environmental Conservation

Pete Grannis was nominated by Governor Eliot Spitzer to serve as Commissioner of the Department of Environmental Conservation (DEC) and began his tenure in April 2007. His appointment marks a return to the Department for Mr. Grannis, who began his career in public service at DEC in the early 1970's as a Compliance Counsel.

Mr. Grannis served as a member of the Assembly representing the Upper East Side of Manhattan and Roosevelt Island for more than 30 years. While in the Assembly, Mr. Grannis championed a wide range of environmental issues as a long-time member of its Environmental Conservation Committee, and played a key role in enacting laws addressing acid rain, clean air and water, fluorocarbons and recycling. He fought for the passage of the State Environmental Quality Review Act (SEQRA), the original Bottle Bill and the clean-up and revitalization of brownfields. Last year, legislation he sponsored was signed into law requiring heavy duty trucks utilized by state contractors to use the best available technology and low-sulfur diesel, making such equipment virtually emission free.

Early in his career, Mr. Grannis chaired the Assembly's first Subcommittee on Toxic Wastes, sponsored legislation ensuring a worker's right to know about hazardous materials in the workplace, and worked to regulate the transport, storage and disposal of toxic wastes. Mr. Grannis's other environmental interests include preserving open spaces, reducing packaging waste, and preserving the beauty and irreplaceable resources of the Adirondacks. He has also advocated for funding for the complete and timely clean-up of Superfund sites. Mr. Grannis authored the state's rapid transit noise code and has been in the forefront of the fight to force the MTA to convert its polluting bus fleet to clean fuels.

Mr. Grannis is a three-time winner of the Legislator of the Year award from the Environmental Planning Lobby and was accorded similar honors by the Audubon Society, the Environmental Action Coalition and Environmental Advocates.

A nationally recognized leader in the fight to curb the health hazards posed by smoking, Mr. Grannis authored New York's historic Clean Indoor Air Act and strengthening amendments to protect all working men and women from exposure to deadly secondhand smoke. His Adolescent Tobacco Use Prevention Act stands as one of the strongest laws in the nation to limit teenagers' access to tobacco. He also wrote the first state law to require tobacco companies to produce a fire-safe cigarette. The first law in the country to address directly how cigarettes are manufactured, this life saving measure banned the sale in New York of any brand not meeting the fire safety standard.

Mr. Grannis's work has been hailed by the American Cancer Society, the American Heart Association, and the New York State Association of County Health Officials He received the American Lung Association's prestigious Hall of Fame Award in 1996 and the New York State Public Health Association's Herman M. Biggs Memorial Award in 2004.

Mr. Grannis's efforts on behalf of consumers were recognized by the Consumer Federation of America, which presented him with its prestigious Philip Hart Public Service Award-the first state legislator to receive this award-joining a list of distinguished past recipients including Senators Paul Wellstone, Ted Kennedy and former House Speaker Tip O'Neill.

As Chair of the Assembly Insurance Committee from 1992 to 2007, Mr. Grannis championed legislation on behalf of consumers, including New York's precedent-setting Community Rating/Open Enrollment law which revolutionized the way small group and individual health insurance policies are sold in the state. In 2006, Mr. Grannis negotiated a new law requiring hospitals receiving funding under the state's $850 million Indigent Care Program to provide discounted care to uninsured patients and rein in the abusive billing and collection practices that have come under fire across the country.

Mr. Grannis led the fight to strengthen the state Insurance Department's authority to oversee auto insurance premium rates to stop auto insurers from ripping off New Yorkers and developed important measures to ensure the availability of homeowners' insurance in coastal areas.

Prior to his appointment to the Insurance Committee, Mr. Grannis served as Chair of the Assembly Housing Committee for ten years, where he was the leading legislative voice on behalf of tenants' rights and protections. He crafted many of the state's affordable housing programs for homeless, low-, moderate- and middle-income New Yorkers.

Long recognized for his tireless work to reform and improve the operation of government and politics by good government groups including the League of Women Voters, Common Cause and the New York State Public Interest Group, Mr. Grannis sponsored and supported sweeping reforms to bring transparency and efficiency to the state budget process and to state government. Among the many areas he worked on were overhauling the state's ethics laws and limiting the "revolving door" from legislative member or staff to lobbyist-reforms which were included in the first law signed by Governor Spitzer. Mr. Grannis also sponsored legislation to strengthen the state's lax campaign finance laws by providing public financing of elections and banning unlimited "soft money" contributions to political parties' housekeeping accounts.

An avid outdoorsman and fly fisherman, Mr. Grannis lives with his family on the Upper East Side of Manhattan. He was born in Chicago, Illinois, grew up in Michigan, and is a graduate of the Loomis School, Rutgers University and the University of Virginia Law School. Prior to entering the Assembly, Mr. Grannis practiced law in New York City.


Commissioner's Testimony at NYS Assembly Hearing on Oil and Gas Drilling October 15, 2008 - NYS Dept. of Environmental Conservation

Commissioner's Testimony at NYS Assembly Hearing on Oil and Gas Drilling October 15, 2008
Thank you for inviting me to participate in today's hearing on natural gas and oil drilling. As many of you know, oil and gas exploration and production in New York State is a mature and successful industry, and is subject to a strict and comprehensive regulatory regime overseen by DEC.

What has captured the public's attention and brings us here today is the possibility of widespread drilling using very large volumes of water for hydraulic fracturing with horizontal wells. The proposed exploration of the Marcellus shale formation which stretches across the state's southern tier presents an extraordinary opportunity for New Yorkers to take advantage of a valuable natural resource. There are clearly very significant economic development and energy considerations. Just as clearly, there are very significant environmental concerns, largely revolving around the consumption, use, and disposal of the large volumes of fluids required for the proposed drilling operations.

In my testimony today I would like to summarize DEC's activities regarding the proposed drilling, and briefly address some of the issues that have been publicly raised. I am here today with Brad Field, Director of the Department's Division of Mineral Resources, and we will of course be glad to answer any questions you may have.

DEC is responsible for regulating oil and gas drilling in New York, and administers a stringent regulatory program pursuant to Article 23 of the Environmental Conservation Law. In 1992, DEC issued a Generic Environmental Impact Statement (GEIS) applicable to oil and gas drilling operations, which among other things addressed the impacts from hydraulic fracturing. Hydraulic fracturing and horizontal drilling are not new processes; they have been used in New York for quite some time. In 1992, however, the typical frac job used less than 100,000 gallons of water, and accordingly the GEIS addresses impacts associated with that level of water use.

Today, there are approximately 13,000 active oil and gas wells in New York State. Many of these used hydro-fracking, and a number of these are horizontal or directional wells. In fact, approximately 10 percent of drilling permit applications received in 2007 were for horizontal or directional wells. What distinguishes the proposed Marcellus shale drilling operations is that the volume of water used for the hydro-fracking will be much greater than previously undertaken in New York. Each well may use anywhere from one million to five million gallons of water, and that raises a host of regulatory issues for us.

Once the Department became aware that drilling companies were interested in exploring the Marcellus shale, DEC began hosting and attending public meetings across the southern tier to provide information to landowners, local government officials and concerned citizens. As some of you know from your constituents, almost overnight people were being asked to sign leases and being told that they would become millionaires, and communities that were not accustomed to oil and gas drilling taking place and which had not seen any significant economic development in decades were being viewed as hubs for this industry.

At the same time, we were working on the legislative proposal known as the spacing bill that ultimately was passed last session and signed into law by Governor Paterson. That bill has been routinely mischaracterized as allowing a new type of drilling. In fact, the new law itself does not allow any kind of drilling at all. Every oil or gas drilling operation requires a permit from DEC, and these permits are subject to our strict regulatory requirements-requirements which were not changed one bit by the legislation. All the bill did was standardize well spacing requirements, to avoid the need for unnecessary and resource-intensive applications for well spacing variances. The bill established standard well-spacing requirements, in essence putting horizontal drilling on the same administrative footing as vertical drilling when it comes to the spacing of wells. A fact sheet on the bill's provisions and application is attached to this testimony.

From DEC's standpoint, the legislation was important for several reasons. It eliminated an administrative burden that served no real purpose. It also provided a well spacing system designed to limit surface disruption by enabling multiple horizontal wells to be drilled from a single well pad. I want to emphasize here what the bill did not do. It did not weaken or in any way change a single environmental requirement for horizontal drilling or any other drilling activity. It did not make the environmental review and oversight of our well established well permitting process any less rigorous. And it did not change the need for a permit for every single well drilled.

At the time Governor Paterson signed the bill, recognizing that the 1992 GEIS did not contemplate the high water volumes proposed for the Marcellus shale operations, he directed DEC to prepare a supplement to the GEIS to address all potential new impacts. This is an important point - as you will see if you read the GEIS, many aspects of Marcellus shale drilling are already covered in the GEIS. For example, the actual drilling is exactly the same as considered in the GEIS. As you can see in the diagram attached to my statement, multiple layers of concrete and steel casing are used to isolate the drilling operations and the well itself from contact or exposure to any ground water, and prevent any movement of oil, gas, or water from one geological zone to another. This will not change. There are, however, some aspects of the deep horizontal well hydrofracturing process that are different, and these are the aspects of the drilling process that will be considered in the supplement to the GEIS (SGEIS) that will be developed by the Department.

DEC released a draft scope for the supplement on Monday, October 6, and will be holding a series of public meetings in communities across the southern tier to solicit input from landowners, local government officials, industry representatives, advocacy groups, and any other persons wishing to participate. A copy of the draft scope has been provided to the Committee, and the dates, times and locations of our six planned meetings are also available on our web site along with the GEIS and other information relating to Marcellus shale drilling. As the draft scope makes clear, many of the issues we will be considering relate to the high volumes of fluid used in these operations.

I'd like to quickly run through some of the major issues that we believe need to be addressed in the supplement. The first is water consumption. As I noted earlier, a lot of water will be used, and where it comes from and how this might impact public water supplies and river flows is a significant issue. The area where much of this drilling may occur is subject to the jurisdiction of the Susquehanna and Delaware River Basin Commissions (SRBC and DRBC, respectively), which have tight regulatory controls in place for dealing with water withdrawals from sources within their jurisdictional boundaries. Areas of the state outside these jurisdictions, however, are not subject to regulation concerning water withdrawals, as DEC's jurisdiction generally extends only to withdrawals for public drinking water supplies. We have heard from the SRBC and industry representatives that relatively speaking the projected total water consumption is not significant, well below that for other commercial activities in the region. Others have claimed that the water needed for these drilling operations could suck the land dry. I assure you, this issue will be thoroughly vetted in preparing the supplement.

Another significant issue deals with the use of water in the drilling process. The large volumes of water I've been talking about are needed for hydraulic fracturing of the shale formation, which is a process where the water is mixed with a proppant such as sand and a small amount of chemical additives, and then forced at high pressure into the shale. This creates cracks in the shale which release the gas trapped there through tiny fissures held open by the sand proppant. We have identified a series of issues in the scoping document that we think need to be addressed in the supplement relating to this aspect of the operation. One of these is the composition of the additives. Typically the water and sand mixture includes small amounts of chemicals such as friction reducers and surfactants to allow the frac fluid to flow into and out of the well more effectively and more efficiently fracture the rock, and a biocide to remove bacteria from the frac water which could impair the frac fluid's ability to carry the proppant. Again, I want to assure you that all potential impacts from this "frac fluid" will be explored in the supplement. We have already declared that the industry will have to disclose to the Department all of the components and additives in the frac fluid in their permit applications - a standard that we will apply to all future drilling operations.

It is important to understand that the hydraulic fracturing takes places many thousands of feet underground, well below any groundwater zones. Groundwater zones are typically hundreds, not thousands, of feet below the surface. The same geology that has sealed natural gas in the rock for millions of years-together with our strict well casing and cementing requirements-prevents any risk of groundwater contamination from the drilling and fracking operation. As a result, the only likely vector for possible threats to groundwater comes from the surface management of the water used in the drilling and fracking operations. .

Although a well is typically fracked only one time (the actual fracking is typically accomplished in a day or two) the fluids that come back out of the ground need to be properly managed and stored. Lined pits or stainless steel tanks are usually used for fluid storage, and we will be examining what requirements may be needed to ensure that there is no risk of environmental harm during movement and storage.

Some of you may have heard horror stories alleging that hydro-fracking operations in other states caused contamination. I can't account for the lack of environmental protections in those locales. But I can tell you that what may have happened in those places-where drilling and production fluids were improperly handled, where unlined permanent waste disposal pits were allowed, and where the disposal method was evaporation-has not happened, and will not happen in New York. Our environmental protections are comprehensive and strong, and are the reason that oil and gas drilling has been a successful industry in New York for so many years, and will continue to be successful in the future, without harming our environment.

Transporting the water and its handling and disposal after completion of the fracking operation are among the issues we have included in the scoping document. Used frac fluid is considered an industrial waste product under New York law. Accordingly, it is subject to our Part 364 regulations, which require identifying its components and what is going to happen to it. Proper disposal, at a permitted wastewater treatment plant or through other acceptable means, is obviously a critical aspect of the process, and that is also a topic that will be addressed in the supplement.

Other issues covered in the scoping document include concerns raised by possible drilling activities in especially sensitive areas such as watersheds - New York City's and that of other communities, or flood prone areas where lined pits may not be an appropriate storage solution; potential truck traffic and other community impacts. The purpose of the public scoping process, of course, is to gain input as to what the SGEIS should address, and while we believe the draft scope is comprehensive, we are eager to take comments. These will be reflected in the final scoping document that will guide the department in the development of the supplement.

With respect to our timetable, we anticipate issuing a final scope in several months, and will be working hard through the early part of next year to produce a draft SGEIS. Once prepared, it will be distributed for public comment, and we are hoping that the SGEIS will be finalized by next spring. With the supplement in hand, we will be able to process permit applications that are consistent with the SGEIS and the GEIS without requiring further SEQR review, although every application will continue to undergo an environmental review. Every application is individually considered, and if there are issues outside the supplement, DEC will require a further supplement, on a site specific basis, to address those issues.

We are fully committed to doing a comprehensive and thoughtful review. When you combine the possibility of billions of dollars of revenue with the possibility of significant environmental issues with the possibility of rapid changes in communities and people's lives, it is inevitable that emotions will run high, risking mischaracterizations and misstatements coming from all quarters. My job and that of DEC's staff is to make decisions that are based upon fact, science, and engineering, and to meet our statutory and public policy mandates with respect to protecting the environment and recovering our oil and gas resources. The SGEIS process creates the context for doing that.

Questions have been raised about what happens while this public process moves forward. We have received less than a dozen applications for high volume fracking using horizontal wells, and have advised the applicants that each of those applications will require a site specific review addressing the issues I have discussed today and that are reflected in the draft scope, and at this time we do not expect that those applications will be processed until the SGEIS is completed. We are, of course, continuing to process permit applications for natural gas wells in the Marcellus shale and other formations which are consistent with the GEIS.

There have also been questions about DEC staffing to handle the volume of drilling applications that are expected. Right now our Division of Mineral Resources staff is able to handle the volume of well permit applications that we typically receive. Because of the importance of this matter, and our desire to extend our existing successful regulatory program to high volume hydro-fracking, we are dedicating significant resources to the preparation of the supplement. If a large number of permit requests for this type of drilling come in, we will certainly need additional staff in order to timely process the applications. If our staffing level remains static, however, we will still do a careful and comprehensive job in permitting, but it will take longer.

In closing, I invite each of you to participate in the scoping process and in reviewing the draft supplement to the GEIS as we move forward. We have set up a web page specific to the Marcellus shale issues which we will be continually updating, which I hope can serve as a resource to you, your staff and your constituents.

 

[Ryan R]

Well I read both, and even managed to learn some more about a process I admittedly don't know all that much about. I'm certainly not denying that it is a valuable energy resource that we need to utilize. I recognize that, but I also want to be sure that the regulatory agencies are up to speed in order to deal properly and adequately with their tasks associated with Marcellus Shale gas extraction. Right now, in PA, (I can't really speak to NY) I don't think the Keystone State agencies are prepared as much as they need to be (I actually think the PFBC recognizes this fact.) I worry less about the drilling itself and more about other apects associated with the process (namely the storage, treatment, and disposal of frac water as well as more gravel access roads which can and do lead to more siltation of exceptional value headwater streams in the regions.) I mean, I think you would probably agree, that with some of the reports the treatment and disposal issue in PA is already looking at least a little bleak (and with the cuts to PADEP it's probably only going to get worse.)