On June 30, 2011, the New York Department of Environmental Conservation (DEC) announced the release of preliminary  revised regulations on hydraulic fracturing.  I was initially impressed with the scope and depth of the regulation, particularly since the regulations included banning fracking on public lands and air pollution regulations.

However, the New York Water Rangers Campaign, a collection of seven public health/environmental advocate groups, issued a press release that itemizes what the groups have collectively prioritized as the Top Ten Fracking Flaws in the preliminary revised regulations.  Below is an abbreviated version of the list.

1. New York State isn’t proposing to ban any chemicals, even those known to be toxic and carcinogenic.
2. The preliminary draft allows drilling waste to escape treatment as hazardous waste, even if it is in fact hazardous under the law. This means fracking waste could be sent to treatment facilities unable to properly treat it, putting the health and safety of our waters and communities at grave risk.
3. The state proposes allowing sewage plants to treat drilling wastes.
4. Drinking water supplies would be inadequately protected. The preliminary draft increases buffers and setbacks from aquifers and wells. However the protections are inconsistent and can be waived in some instances.
5. Some fracking restrictions would have sunset dates.
6. The preliminary draft does not analyze public health impacts, despite the fact that fracking-related air pollution and the potential for water contamination have serious effects on people—especially the elderly and children, and communities downwind and downstream of proposed fracking operations. There is growing evidence of negative health impacts related to gas extraction in other states.
7. The DEC proposes issuing permits before formal rulemaking is complete, a backward move that leaves New York’s waters and communities at risk.
8. The state is breaking up environmental impact reviews. The thousands of miles of pipelines or compressor stations required for drilling to get the resulting gas to market will be reviewed by a different agency under a different process.
9. While proposing to put the New York City and Syracuse watersheds off- limits to drilling, critical water supply infrastructure would not be protected. The state proposes…….(an inadequate)….. buffer around New York City drinking water infrastructure in which only an additional review would be required and upon which projects could be permitted—not a formal ban.
10. New York’s environmental agency has been subject to steep budget and staff cuts and does not have adequate staff or resources to properly oversee fracking, even if every possible protection were in place.

“Without providing the necessary measures that will prevent pollution from drilling and fracking, New York’s communities and environment will suffer like Pennsylvania’s,where drilling is running wild. On the whole, the revised Draft doesn’t cure the ills of gas development that are the most dangerous so the industry’s interests will win out over public health,” said Tracy Carluccio, Deputy Director, Delaware Riverkeeper Network.

A press release by the New York Department of Environmental Conservation summarizes the preliminary changes.  The recommendations contain these major revisions:

• High-volume fracturing would be prohibited in the New York City and Syracuse watersheds, including a buffer zone;
• Drilling would be prohibited within primary aquifers and within 500 feet of their boundaries;
• Surface drilling would be prohibited on state-owned land including parks, forest areas and wildlife management areas;
• High-volume fracturing will be permitted on privately held lands under rigorous and effective controls; and
• DEC will issue regulations to codify these recommendations into state law.

The complete revised draft is expected to be released for public comment and review in August. The groups are strongly requesting the DEC to expand public comment period from 60 days, one month less than the public comment period for the first draft of the SGEIS, to at least 180 days.

The full 1,095 page Preliminary Revised Draft Supplemental Generic Environmental Impact Statement is available here.

The following was released yesterday by Jalil Isa at the U.S. Environmental Protection Agency:

FOR IMMEDIATE RELEASE

November 9, 2010

Eight of Nine U.S. Companies Agree to Work with EPA Regarding Chemicals Used in Natural Gas Extraction

EPA conducting congressionally mandated study to examine the impact of the hydraulic fracturing process on drinking water quality; Halliburton subpoenaed after failing to meet EPA’s voluntary requests for information

WASHINGTON – The U.S. Environmental Protection Agency (EPA) today announced that eight out of the nine hydraulic fracturing companies that received voluntary information requests in September have agreed to submit timely and complete information to help the agency conduct its study on hydraulic fracturing. However, the ninth company, Halliburton, has failed to provide EPA the information necessary to move forward with this important study. As a result, and as part of the agency’s effort to move forward as quickly as possible, today EPA issued a subpoena to the company requiring submission of the requested information that has yet to be provided.

EPA’s congressionally mandated hydraulic fracturing study will look at the potential adverse impact of the practice on drinking water and public health. The agency is under a tight deadline to provide initial results by the end of 2012 and the thoroughness of the study depends on timely access to detailed information about the methods used for fracturing. EPA announced in March that it would conduct this study and solicit input from the public through a series of public meetings in major oil and gas production regions. The agency has completed the public meetings and thousands of Americans from across the country shared their views on the study and expressed full support for this effort.

On September 9, EPA reached out to nine leading national and regional hydraulic fracturing service providers – BJ Services, Complete Production Services, Halliburton, Key Energy Services, Patterson-UTI, RPC, Inc., Schlumberger, Superior Well Services, and Weatherford – seeking information on the chemical composition of fluids used in the hydraulic fracturing process, data on the impacts of the chemicals on human health and the environment, standard operating procedures at their hydraulic fracturing sites and the locations of sites where fracturing has been conducted.

Except for Halliburton, the companies have either fully complied with the September 9 request or made unconditional commitments to provide all the information on an expeditious schedule.

More information on the subpoena and mandatory request for information on Halliburton’s hydraulic fracturing operations: http://www.epa.gov/hydraulicfracturing

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The award-winning documentary “Gasland” will be shown free to the public on Tuesday, Oct. 12, 6:30pm in the WVU College of Law Marlyn E. Lugar Courtroom (directions), Morgantown, W.Va. The screening will be followed by a live Skype Q&A session with filmmaker Josh Fox. Beginning at 5pm there will be a public reception and information tables to browse before the film begins.

The largest domestic natural gas drilling boom in history has swept across the United States. The Halliburton-developed drilling technology of “fracking” or hydraulic fracturing has unlocked a “Saudi Arabia of natural gas” beneath most of West Virginia. But is fracking safe? When filmmaker Josh Fox is asked to lease his land for drilling, he embarks on a cross-country odyssey uncovering a trail of secrets and surprises, including contamination and unanticipated health risks. A recently drilled nearby Pennsylvania town reports that residents are able to light their drinking water on fire. This is just one of the many absurd and astonishing revelations of a new country called GASLAND. Part verite travelogue, part expose, part mystery, part bluegrass banjo meltdown, part showdown.

Fracking has come to West Virginia, and if you own land, drink water, or breathe air, it’s time to learn how fracking could impact your community. Come see the film, so you can take informed action before it is too late.

Student and citizen groups who want to reserve an information table in the lobby, please contact Kurt Doiron at kurtdoiron(at)gmail(dot)com. Other questions may be directed to Deb Fulton at dfvet(at)aol(dot)com or (304) 864-0044.

The event is sponsored in part by the West Virginia Chapter of the Sierra Club and the WVU College of Law’s Environmental Law Society.

Thanks for visiting FrackCheckWV, designed to inform, connect and mobilize the public so Marcellus Shale gas drilling activities are conducted responsibly throughout West Virginia.

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