LNG expansion in NY–regulations

DEC has Quietly Proposed New, Weak Rules for LNG Facilities

 

The Public Comment Period ends November 4

Come learn: * how to submit comments * what points to make in your comments

 

Keith Schue with Sandra Steingraber
 and the  “Return of 30 Days” Website

When:         Wednesday, Oct. 23, 7 pm Where:        First Unitarian Church, Ithaca 306 N. Aurora Street, on the NW Corner with E. Buffalo

Map:

http://unitarian.ithaca.ny.us/Newcomers/How-to-find-us Reception:       Enjoy homemade snacks and conversation following the program More Info:   Sandy Podulka, email: sgp4@cornell.edu

 

Background: Despite a moratorium on high-volume hydraulic fracturing, the New York Department of Conservation (DEC) is quickly and quietly trying to adopt new rules for Liquefied Natural Gas (LNG) facilities that would pave the way for fracking, threaten communities, and make us more dependent on fossil fuel. We must fight this new threat!

Keith Schue and Sandra Steingraber have scrutinized the regulations.  They will present their analyses of the weaknesses and provide fodder for your comments to DEC.

The new permitting regulations (6 NYCRR 570) allow a wide range of LNG facilities, including: – LNG import/export terminals – peak-shaving plants that produce/store/vaporize LNG – regional LNG production facilities – LNG production at natural gas wells – LNG production at facilities with access to a natural gas pipeline, and – LNG fueling facilities without on-site production of LNG

 

The so-called regulations provide: –no setbacks from homes or businesses –no restrictions on noise –no requirement to follow local ordinances and zoning regulations –no limits on emissions of air pollutants, such as methane –no rules to monitor or report air pollution emissions –no limits on environmental damage allowed by the facilities

Furthermore, the companies don’t have to post bonds to cover the costs of accidents to the environment, people, or property, or to close the facilities when they are no longer of use. This leaves the taxpayers to foot the bill.

More Information on Commenting:

 

DEC web page with info on how to submit comments:  http://www.dec.ny.gov/regulations/93069.html

Wiki-page by Chip Northrup and Keith Shue, on what comments to make:  http://www.sourcewatch.org/index.php/New_York_LNG_regulations The Return of 30 Days: Infrastructure Regs: http://www.thirtydaysoffrackingregs.com/index.php –web page by Sandra Steingraber giving background on a different comment to make each day between now and Nov. 4

Syracuse Frackdown: Rally Against Fracking Infrastructure at DEC Meeting

The NYS DEC is considering regulations and permits for proposed Liquefied Natural Gas (LNG) facilities in New York State. This is just one example of a massive fracking infrastructure build out in the state. Nat Gas pipelines, compressor stations, wastewater treatment, powerplant conversions, the LPG storage facility in Seneca Lake and now LNG export facilities are in the works and are all a part of the attempt to bring fracking into the state.

Frack Action, New Yorkers Against Fracking, Physicians Scientists & Engineers for Healthy Energy, and ShaleShockCNY called a press conference and rally ahead of the DEC’s information session on DEC’s proposed permitting program for the siting, construction, and operation of Liquefied Natural Gas (LNG) facilities.  The DEC public meeting and the press conference were had at the New York State Fairgrounds in Syracuse, NY on October 16, 2013.   This event was also a part of the Global Frackdown, a global day (and week) of action against fracking. Learn more here: http://www.globalfrackdown.org/

posterSpeaking at the press conference were Renee Vogelsang of Frack Action; Keith Schue (5:18), a former engineer with experience in policy and regulatory review; Mary Menapace (13:11), a nurse at Upstate Medical; active with ShaleShockCNY; Dr. Sandra Steingraber (16:20), internationally acclaimed author, biologist, and distinguished school in residence at Ithaca College; Joe Heath (22:01), General Counsel for the Onondaga Nation, affiliated with many grassroots organizations in the region including Stop the I-81 Pipeline.

Background:

There has been a de facto moratorium on LNG facilities since a catastrophic LNG blast on Staten Island over 40 years ago that killed 37 workers. Construction of new LNG facilities was expressly prohibited statewide by law after that explosion, but except in New York City, where a moratorium remains in effect until 2015, the legislative prohibition on LNG facilities ended in 1999.  However, a “de facto” statewide ban still exists because DEC has not yet established a permitting program.

DEC’s rule making must be in accord with New York Environmental Conservation Law ECL Article 23 Title 17 for Liquified Natural and Petroleum Gas.  DEC’s proposed rules are woefully inadequate and fail to address what is mandated for rule making.  For details of these severe short comings, see New York LNG regulations on SourceWatch.org.  To learn and respond with pubic comments on DEC’s LNG rules, as well as the related FERC (federal) review on Natural Gas Storage), and the Post Ambrose Liquified Natural Gas (LNG) port near the entrance to New York Harbor, check out “The Return of 30 Days: The Infrastructure Regs” thirtydaysoffrackingregs.com.

DEC will be holding a second information session followed by a public hearing in Albany on October 30.  Details below:

From the DEC website: “Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) is proposing to adopt 6 NYCRR Part 570 to implement a permitting program for the siting, construction, and operation of Liquefied Natural Gas (LNG) facilities in New York State (NYS). LNG facilities are those that either store LNG in a tank system or convert LNG into natural gas through vaporization. The two types of facilities that NYS DEC expects to permit most frequently include facilities to fuel trucks and facilities that store LNG as a backup heating fuel.”

Read More from DEC: http://www.dec.ny.gov/enb/20130911_not0.html

Public Meetings: NYS DEC will conduct public information meetings to present the proposed regulations and respond to questions prior to the public hearing- 10/30 at DEC HQ in Albany.

Date: Wednesday, October 16, 2013 Time: 1:00 p.m. – 3:00 p.m. Location: New York State Fairgrounds 581 State Fair Blvd, Martha Eddy Room Syracuse, NY

Date: Wednesday, October 30, 2013 Time: 10:00 a.m. – 12:00 p.m. Location: NYS DEC – Central Office 625 Broadway, Room 129 Albany, NY

Public Hearing: A legislative public hearing to receive public comment about the proposed rule making will be held as follows:

Date: Wednesday, October 30, 2013 Time: 2:00 p.m. Location: NYS DEC – Central Office 625 Broadway, Room 129 Albany, NY

DEC meeting on LNG regulations — Rally 10-16-13

 

Marcellus Watch: Known risks in LPG caverns hidden from public – News – The Leader – Corning, NY

Marcellus Watch: Known risks in LPG caverns hidden from public – News – The Leader – Corning, NY.

Laws Promising Health Professionals Access to Fracking Chemical Information Probably Won’t Work: How to Fix Them | Matthew McFeeley’s Blog | Switchboard, from NRDC

Laws Promising Health Professionals Access to Fracking Chemical Information Probably Won’t Work: How to Fix Them | Matthew McFeeley’s Blog | Switchboard, from NRDC.

In-frack-structure: DEC’s fatally flawed rules for Liquefied Natural Gas (LNG)

In-frack-structure: DEC’s fatally flawed rules for Liquefied Natural Gas (LNG)
Despite a moratorium on high-volume hydraulic fracturing, the New York Department of Conservation (DEC) is quickly and quietly trying to adopt new rules for Liquefied Natural Gas (LNG) facilities that would pave the way for fracking, threaten communities, and make us more dependent on fossil fuel.
Thursday, October 17th
6:00 pm
Ommegang Brewery Café
(656 County Highway 33, Cooperstown)
DEC is accepting public comments through November 4th, so come find out from Keith Schue what you can do about this new threat.
…And be sure to arrive a bit early to enjoy the great food and beverages that Ommegang has to offer!

France Upholds Ban on Hydraulic Fracturing – NYTimes.com

France Upholds Ban on Hydraulic Fracturing – NYTimes.com.

State orders Cayuga plant, NYSEG to release information | Ithaca Journal | ithacajournal.com

State orders Cayuga plant, NYSEG to release information | Ithaca Journal | ithacajournal.com.

USA-FRACKING:RIGHTS–Split Estate

USA-FRACKING:RIGHTS.pdf.

Stan, Thank you for sending the recent article on split estates.

http://graphics.thomsonreuters.com/13/10/USA-FRACKING:RIGHTS.pdf

Please let people on your listserv know that homeowners do not have to be blindsided when they purchase their home. A title search would have revealed that the mineral/oil/gas rights were previously reserved by a third party. In the alternative, if the rights to the mineral/oil/gas were reserved by the seller of the current sale, the property’s legal description attached to the contract of sale and the deed would have revealed that the seller was reserving these rights; otherwise it would potentially constitute fraud.

Some of this was covered in the on-line links to the September issue of MORE Magazine. Below on the first link is the on-line primer for people who want to know more about hydraulic fracturing. The second link is a sidebar for which I was in interviewed that talks about what people should look for if they want to buy a home near drilling operations. These recommendations would have helped people purchasing land with a split estate-except, as explained above, when the mineral/oil/gas rights are reserved at the time of the sale. In that case, as mentioned above, the contract of sale and deed would state this in the legal description of the property.  Home represents a family’s most valuable asset; considering that fact, it makes sense to consult an attorney and purchase title insurance.

Please share the links below as well. The third link is MORE’s feature interview of Sharon Wilson.

Click this link for the full article.

http://www.more.com/health/wellness/how-fracking-affects-you

Click this link for the part of the article where I talk about what to look for if you are buying a home where gas drilling is going on.

http://www.more.com/reinvention-money/money/do-you-own-whats-under-your-home

Feature article in Sharon Wilson. It is excellent!

http://www.more.com/news/personalities/texas-rebels-fight-her-land

Thank you,

Elisabeth Radow

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Court: Federal laws supersede local zoning ordinances for proposed gas compressor station in Myersville – The Frederick News-Post : Natural Resource

Court: Federal laws supersede local zoning ordinances for proposed gas compressor station in Myersville – The Frederick News-Post : Natural Resource.

  • Oct. 8 — The U.S. District Court for the District of Maryland rules that local zoning laws are pre-empted by the federal Natural Gas Act. So, according to the court ruling, those portions of the town code that prevent the siting, construction or operation of the Myersville compressor station are null and void.

Unplugging Bottlenecks in Oil and Gas Deliveries – NYTimes.com

Unplugging Bottlenecks in Oil and Gas Deliveries – NYTimes.com.