D. RECOMMENDED CHANGES TO THE REGULATIONS PROPOSED IN THE DRAFT GEIS Tbe
March 16, 2011
fgeisregch.pdf (application/pdf Object).
D. RECOMMENDED CHANGES TO THE
REGULATIONS PROPOSED IN THE DRAFT GEIS
Do not be confused by the common confusion of the SGEIS and “regulations”. That confusion is a tool the state and industry use to disarm doubters about its intentions.
The draft SGEIS as well as the current GEIS are about the PERMITTING PROCESS. They are not rules or regulations. No matter what the many thousands of comments received, information displayed, or areas of interest studied or not studied, the GEIS and its Supplement contain NO regulations. They are only the means whereby the SEQRA process for reviewing the expansion of WalMart parking lot, discharges from manufacturing facilities and the like – is exempted in the case of Gas, Oil and Solution (salt) mining. It is the legal requirement for such an exemption. It is neither statute nor regulation.
The regulations that apply to the gas, oil and salt industry are listed IN THEIR ENTIRETY at http://www.dec.ny.gov/regs/2490.html (under sub-chapter B) Here is THE ENTIRETY of the policy statement introducing the regulations:
§550.1 Policy
The Department of Environmental Conservation, having been entrusted with the basic responsibility for administering to and regulating activities relative to the natural resources of oil and gas within the State, does hereby promulgate the following rules and regulations. These have been formulated after consultation with landowners, producers and other interested persons involved and a public hearing relative thereto. The rules have as their objectives:
(a) the fostering, encouragement and promotion of the development, production and utilization of the natural resources of oil and gas in such a manner as will prevent waste;
(b) the operation and development of oil and gas properties in such a manner that a greater ultimate recovery of oil and gas may be had;
(c) full protection of the correlative rights of all owners and the rights of all persons, including landowners and the general public;
(d) similar provisions for the underground storage of gas.
No protection of the environment or public health. That isn’t the point of the regulation. Read the poilicy statement again.
Now check ALL the regulations. It won’t take that long before you understand that the nature of the regulations, guided by the policy statement above. Impressed that New York has the toughest regulations in the entire universe? Try these:
§551.5 Amount of financial security:
(2) for wells between 2,500 feet and 6,000 feet in depth:
(i) for 1 to 25 wells, $5,000 per well, not exceeding $40,000;
(ii) for 26 to 50 wells, $40,000, plus $5,000 per well in excess of 25 wells, not exceeding $60,000;
(iii) for 51 to 100 wells, $60,000, plus $5,000 per well in excess of 50 wells, not exceeding $100,000; or
(iv) for over 100 wells, $100,000, plus $5,000 per well in excess of 100 wells, not exceeding $150,000.
[25 wells are secured by $40,000. Do the math. These are wells in the case of shales costing $1million to $5million each to drill]
§553.2 Surface restrictions
No well shall be located nearer than 100 feet from any inhabited private dwelling house without written consent of the owner; nearer than 150 feet from any public building or area which may be used as a place of resort, assembly, education, entertainment, lodging, trade, manufacture, repair, storage, traffic or occupancy by the public; nearer than 75 feet to the traveled part of any State, county, township, or municipal road or any public street, road or highway; or nearer than 50 feet from any public stream, river or other body of water. This regulation, which is adopted in the interest of public safety, does not apply to a building or structure which is incident to agricultural use of the land on which it is located, unless such building is used as a private dwelling house or in the business of retail trade.
[These figures are for the well bore, not the pad, and in the case of “any inhabited private dwelling house” can be preempted by lease terms (“written consent of the owner”)]
§554.1 Prevention of pollution and migration
(a) The drilling, casing and completion program adopted for any well shall be such as to prevent pollution.
(b) Pollution of the land and/or of surface or ground fresh water resulting from exploration or drilling is prohibited
Thats all I have time for: you have to read the regulations to see that they have nothing to do with the protection of the environment and citizens of the state. Then look at the GEIS http://www.dec.ny.gov/energy/45912.html and understand what it is and does, and why it and the forthcoming SGEIS is not regulation. You might be entertained by the nature of the recommendations for regulatory changes at http://www.dec.ny.gov/docs/materials_minerals_pdf/fgeisregch.pdf
GDACC 
