DEC SGEIS/Fracking Regulations 2011
PRIMARY DOCUMENTS:
1. The Revised Draft SGEIS on the Oil, Gas and Solution Mining Regulatory Program relating to the permitting of horizontal drilling and high-volume hydraulic fracturing (HVHF) available at: http://www.dec.ny.gov/energy/75370.html;
2. The proposed SPDES General Permit (GP) for Stormwater Discharges from HVHF available along with its fact sheet at: http://www.dec.ny.gov/permits/77251.html; and
3. The proposed regulations relating to HVHF revising and adding to 6 NYCRR Parts 52, 190, 550-556, 560, and Subparts 750-1 and 750-3, available at: http://www.dec.ny.gov/regulations/propregulations.html.
First (2009) Draft SGEIS Information (With Links to Comments Submitted)
COMMENTARY AND HOW TO RESPOND
Public Notice: http://www.dec.ny.gov/enb/20110928_not0.html
Combined Notice of Public Hearings on the Revised Draft Supplemental Generic Environmental Impact Statement (SGEIS) for Horizontal Drilling and High-Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other Low-Permeability Gas Reservoirs and related proposed State Pollutant Discharge Elimination Permit (SPDES) General Permit for Stormwater Discharges and proposed Regulations.
Pursuant to Articles 8, 17 and 70 of the Environmental Conservation Law and the State Administrative Procedures Act, the New York State Department of Environmental Conservation (NYS DEC) will conduct a series of combined public hearings at the dates, times, and locations listed below for the purpose of accepting both verbal and written comments on the following:
1. The Revised Draft SGEIS on the Oil, Gas and Solution Mining Regulatory Program relating to the permitting of horizontal drilling and high-volume hydraulic fracturing (HVHF) available at: http://www.dec.ny.gov/energy/75370.html;
2. The proposed SPDES General Permit (GP) for Stormwater Discharges from HVHF available along with its fact sheet at: http://www.dec.ny.gov/permits/77251.html; and
3. The proposed regulations relating to HVHF revising and adding to 6 NYCRR Parts 52, 190, 550-556, 560, and Subparts 750-1 and 750-3, available at: http://www.dec.ny.gov/regulations/propregulations.html.
On September 7, 2011, NYS DEC, as SEQRA lead agency, published a notice of completion of the Revised Draft SGEIS in the Environmental Notice Bulletin (ENB) for public review available at: http://www.dec.ny.gov/enb/enb.html. The Revised Draft SGEIS includes among other things an assessment of potential significant impacts resulting from the proposed actions described above relating to High-Volume Hydraulic Fracturing.
Public Comment: Public comments on the Revised Draft SGEIS, proposed GP and proposed regulations will be accepted until 5:00 p.m. on Jan 11th, 2012 at: http://www.dec.ny.gov/energy/76838.html and written comments to the address below.
Contact: Eugene Leff, NYS DEC, 625 Broadway, Albany NY 12233-6510, Phone: (518) 402-8044, E-mail: public@gw.dec.state.ny.us.
General Comments:
N.Y. has to really study gas drilling impact. SGEIS By Robert Howarth and Larysa Dyrszka, Commentary.Updated 07:57 a.m., Tuesday, November 15, 2011
Hydrofracking opinions count.Published 09:40 p.m., Sunday, November 6, 2011
Regulations: Critique of DEC Regulation in 1994.
In fact, New York has relatively few regulations for gas drilling – and they are demonstrably the worst in the US :
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SGEIS –simple ways to respond:
Tell Governor Cuomo & NY’s Environmental Agency to Fix the State’s Faulty Fracking Proposals
Thirty-five days may seem like a lot of time to comment on the document that would guide industrial gas drilling by means of ‘fracking’ if it’s permitted in New York State, but don’t wait! The revised draft Supplemental Generic Environmental Impact Statement, or ‘SGEIS,’ weighs in at over 1,500 pages, and it takes time to dig through.
The state’s fracking proposal is out for public comment through January 11. Help fix this flawed document—tell Governor Cuomo and the Department of Environmental Conservation (DEC) your concerns about their plans for New York’s fracking future. Please take action today!
We’re making it easy to submit your comments, because we’ve heard from our members that using the DEC’s webform isn’t easy. That’s why we’re doing our best to help you guarantee your voice is heard when it matters most in the ongoing fracking debate.
Please stand with us and send your comment before the comment period closes on January 11!
Thank you for your support,
Katherine Nadeau
Water & Natural Resources Program Director
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Another simple response alternative (Feel free to use more than one)
I. DEC You can use the DEC's online comment form, here; * http://www.dec.ny.gov/energy/76838.html * This shortened URL is easy to remember and takes you to the same place: TinyURL.com/SubmitSGEISComment
Paper Copy to the DEC
Letters should be sent here: Attn: dSGEIS Comments, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-6510. Please include the name, address, and affiliation (if any) of the commenter. Paper submissions also will be accepted at the public hearings date/locations TBD.
First (2009) Draft SGEIS Information (With Links to Comments Submitted)
Background Information on the Revised Draft SGEIS
Links to Preliminary Revised Draft SGEIS and DEC Press Release
GENERAL COMMENTS
Danby SGEIS Comments Table
TC-GasMap.org Resources For Commenting On The Preliminary Revised Draft SGEIS
Tompkins County Forum on Revised Draft SGEIS (July 25, 2011)
This was an excellent panel, with lots of fresh and relevant info on the July 2011 document.
If you want to understand the present state of Fracking in NY, START HERE!
It doesn’t get any better than this!!
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Audio from the 7-25-11 SGEIS panel in Ithaca:
http://tinyurl.com/SgeisWcbIthaca7-25-11
Alt: http://www.archive.org/details/SgeisWcbIthaca7-25-11
Check out the Playlist (the black box on the page) or download individual files. You can burn tracks 1-7 on one CD, and tracks 8-9 on another CD.
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The Powerpoints from the presenters are here:
TinyURL.com/TCAGasMapSGEIS
Alt: http://www.tcgasmap.org/default.asp?metatags_Action=Find(‘PID‘,’9’)
Be sure also to check out:
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Master list of July 2011 SGEIS flaws (work in progress)
TinyURL.com/2011SGEISFlaws
Alt: http://www.sourcewatch.org/index.php?title=2011_SGEIS_Flaws(NY) -
http://www.sourcewatch.org/index.php?title=2011_SGEIS_Flaws%28NY%29
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And SGEIS Quick Start Guide:
TinyURL.com/NYSGEISQuickStart
Alt: http://www.sourcewatch.org/index.php?title=SGEIS_(NY)
HEALTH IMPACT COMMENTS
Recommendations on Commenting on Health Impacts Coverage in the SGEIS from Damascus Citizens
NYS Assembly Hearings on Health Impacts of Hydrofracking–May 26, 2011
https://gdacc.files.wordpress.com/2011/07/5-26-11-encon-health-transcript-hydrofracking.doc
Socio-economic aspects-Comments
Ecology and Environment Engineering, P.C. prepared the Socio-economic Impact Analysis as a technical consulting report in support of the revised draft SGEIS. The Socio-economic Impact Analysis (PDF) (4.0 Mb) is available for download as a single PDF file
Ithaca Forum on SGEIS Socio-economic Impact Analysis Oct. 15 1-3:30
Well Build-out Scenario as described in Socio-Economic Chapter of SGEIS
Letter to Governor Cuomo on 2011 revised SGEIS chapter on Economic and Social impacts of shale gas drilling. Jannette M. Barth, Ph.D.; Senior Economist, Pepacton Institute LLC; President, JM Barth & Associates, Inc. Jm.barth@mac.com Edward C. Kokkelenberg, Ph.D.; Research Fellow, School of Industrial and Labor Relations, Cornell University;Professor Emeritus, Department of Economics, Binghamton University; edwk@pop.lightlink.com; Timothy Mount, Ph.D.; Professor of Economics, Cornell University; Tdm2@cornell.edu
For further information or assistance with these documents, please contact the DEC’s Bureau of Public Outreach by email at public@gw.dec.state.ny.us or by calling 518-402-8044.
DEC names hydrofracking advisory panel
More about Preliminary Revised Draft SGEIS on the Oil, Gas and Solution Mining Regulatory Program (July 2011):
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Governor Says New Draft SGEIS Approach Balances Economic Needs With Environmental Protection « Solid Shale.
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Collection of Documents pertaining to SGEIS at Toxics Targeting. com
Be sure to copy your SGEIS Comments to
Center for Environmental Health
New York State Department of Health
Flanigan Square, 547 River Street
Troy, NY 12180-2216
518-402-7500
ceheduc@health.state.ny.us
Albany, NY 12237
518-474-2011 General email for DOH dohweb@health.state.ny.us Eric Schneiderman, Office of the Attorney General, The Capitol Albany, NY 12224-0341
DEC: Joe Martens, Commissioner 518-402-8545
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1010
http://www.dec.ny.gov/about/407.html
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James Northrup’s Comments (in red) on Kate Sinding’s OpEd July 17, 2011
Learn more
Private Water Wells. The state is proposing to require a 500-foot setback from any private drinking water wells in which drilling would be prohibited. This is substantially greater than that required in other states.
“La Plata County, Co has imposed a 400-foot setback requirement, and Gunnison County,Co. has had a 500-foot setback rule. Fort Worth, Texas — scene of some of the most active urban drilling — has a 600-foot setback rule.:”
There are very few private water wells in Fort Worth – which is entirely served by municipal water lines – in accordance with state law. Of the few private water wells in the city limits (typically golf courses), none are shallow residential groundwater wells – of the type found in rural New York. These Upstate groundwater wells are uniquely vulnerable to surface pollutants – from spills, etc. and from methane migration of gas drilling operations. Central Texas wells tap deep aquifers – not groundwater. Accordingly, a 500’ set-back that might be appropriate in a municipality in a semi arid part of Texas would be wholly inadequate for Upstate.
But, among other concerns, the DEC inexplicably would allow individual landowners to waive that 500-foot buffer. In theory, the DEC’s 500-foot buffer is based on the best available scientific evidence as to what is necessary to protect public health and drinking water supplies.
The government has a responsibility to protect and ensure clean drinking water for its residents by putting this buffer in place. They should not put landowners in a position of balancing potential economic gain against risking their health and safety.
Regulations. In a very welcome development, the state is now saying it will conduct a rulemaking process that would formalize its proposed safeguards in a single set of uniform, legally enforceable regulations. This is critical. Currently, the agency relies upon an ad hoc mix of 25-year-old regulations, a nearly 20-year-old environmental impact statement, guidance documents, and permit conditions to regulate drilling. This is a highly technical, and impactful, industrial activity, and the public is entitled to the certainty and transparency that can only come through comprehensive, consistent regulations that are up-to-date with the current technology in use.Unfortunately, DEC has said that it would begin processing permit applications for new fracking after completion of the environmental review process and before finishing the rulemaking. This makes no sense whatsoever, and threatens to undermine the very public confidence that a rulemaking could otherwise assure. Particularly given that DEC says it expects to process very few applications during that time, there is no justification for such an approach.
Waste. Despite all the problems we have seen caused by toxic wastewaters and solid wastes from Colorado to Pennsylvania, the state is still proposing that contaminant-laden, potentially radioactive drilling and fracturing fluids, mud-drilled cuttings, pit liners, flowback water and produced brine be classified as nonhazardous industrial waste.Fracking waste does not belong in landfills or standard wastewater treatment plants — it needs special care like all other hazardous waste to prevent contamination after it has been thrown away. Given the danger many of these fluids pose — and the fact that if not for a special regulatory loophole, they would certainly in many cases be classified as hazardous waste subject to the DEC’s full regulatory program — this approach is unacceptable. While the DEC proposes a tracking system for solid and liquid wastes generated in connection with fracking, similar to that which is required for medical waste, this system does not go far enough to protect New Yorkers from serious public health threats associated with inadequately regulated hazardous wastes.
Open pits. According to the latest draft, based on an assertion by industry that it is unlikely to use open pits or impoundments for storage of wastewaters, the state is proposing to require a site-specific environmental review prior to permitting any such pits. While this is an improvement on the last draft’s proposal to allow open impoundments, it doesn’t go far enough. These pits — whether on individual well pads or in centralized locations — should be outright prohibited. Industry’s reported assertion makes clear that there are available alternatives, and the risks of leaks, spills, overflows, etc. from these pits are too great.
IMPACT OF SHALE GAS INDUSTRY ON LOCAL GOVERNMENTS–COMMENTS
Town of Ithaca Comments.pdf (application/pdf Object).
http://www.tompkins-co.org/tccog/Gas_Drilling/Public Hearing Comments/Town of Ithaca Comments.pdf
SCIENTIFIC GAPS IN SGEIS
Robert Howarth 11/30/11
Confusion Re Drilling Regulations to be developed simultaneously with SGEIS
News Stories:
Cortland Standard 7/8/11
2009 SGEIS
NYC SGEIS (Supplemental Generic Environmental Impact Statement) comments:http://www.nyc.gov/html/dep/pdf/natural_gas_drilling/nycdep_comments_final_12-22-09.pdf
2. EPA SGEIS Comments: http://www.epa.gov/region02/spmm/pdf/Marcellus_dSGEIS_Comment_Letter_plus_Enclosure.pdf
3. NY draft Supplemental Generic Environmental Impact Statement for High Volume Horizontal Hydrofracturing in Marcellus and similar shales: http://www.dec.ny.gov/energy/58440.html
4. http://www.chec.pitt.edu/ Excellent site for scientific info on
public health effects of shale gas development.
5. Pennsylvania’s Department of Environmental Protection http://www.depweb.state.pa.us/portal/server.pt/community/oil___gas/6003
6. New York State Department of Environmental Conservation http://www.dec.ny.gov/energy/205.html And http://www.dec.ny.gov/energy/46288.html
7. Environmental Protection Agency http://water.epa.gov/type/groundwater/uic/class2/hydraulicfracturing/index.cfm
- EPA Comment on SGEIS:
- Riverkeeper-DSGEIS-Comments-Appendix-1-Case-Studies
- Danby_dSGEIS_Response[1]
- Exemptions Could Help Gas Drillers
- Lifton Response (July 1, 2011)
Comment suggestions:
Chapter 5
- Radioactivity: Radium 226 has a half-life of 1601 YEARS! Which means………………….
100,000 tons of whatever that is radioactive, will be 50,000 in 1601
Years! In another 1601 YEARS, that 50,000 will then be 25,000!for more information:
http://en.wikipedia.org/wiki/Radium
http://www.evs.anl.gov/pub/doc/Radium.pdfThis issue needs to be brought up. Radium 226 is higher in the
Marcellus shale than in any other shale.The DEC’s take on this issue from the NEW SGEIS?
Radioactivity in the Marcellus Shale according to DEC. July 1, 2011
First Released Report.http://www.dec.ny.gov/docs/administration_pdf/execsumsgeis072011.pdf
typical ‘industry’ response.
DEC
Gamma ray logs from deep wells drilled in New York over the past
several decades show the Marcellus Shale to be higher in radioactivity
than other bedrock formations including other potential reservoirs
that could be developed by high-volume hydraulic fracturing. However,
based on the analytical results from field-screening and gamma ray
spectroscopy performed on samples of Marcellus Shale NORM levels in
cuttings are not significant because the levels are similar to those
naturally encountered in the surrounding environment. As explained in
Chapter 5, the total volume of drill cuttings produced from drilling a
horizontal well may be one-third greater than that for a conventional,
vertical well. For multi-well pads, cuttings volume would be
multiplied by the number of wells on the pad. The potential water
resources impact associated with the greater volume of drill cuttings
from multiple horizontal well drilling operations would arise from the
retention of cuttings during drilling, necessitating a larger reserve
pit that may be present for a longer period of time, unless the
cuttings are directed into tanks as part of a closed-loop tank system.
The geotechnical stability and bearing capacity of buried cuttings, if
left in a common pit, would need to be reviewed prior to pit
closure. -
Primary & Secondary Aquifers In its Executive Summary of the revised SGEIS released yesterday, the DEC states clearly that groundwater is at sufficient risk from gas drilling to restrict gas drilling to protect those drinking groundwater. But they only afford that protection to those drinking from primary aquifers. The DEC leaves the great majority of drinkers of groundwater in the Marcellus unprotected. They have some explaining to do.
I’m looking forward to hearing the DEC’s logic and science—their risk assessment strategy— used to assess that only some drinkers of contaminated groundwater need protection.
Primary aquifers are used as drinking water for some municipalities.
The list is on on page 5 !
- https://gdacc.files.wordpress.com/2011/07/copy-of-groundwater-protected-and-not-protected-by-dec.xls
- The list includes about 300,000 people in those municipalities drinking water from these primary aquifers in counties in the Marcellus shale. (see attached spreadsheet and chart at bottom.)page 18 of the new DEC doc describes the exclusion of primary aquifers. It’s pasted below, bold face added. http://www.dec.ny.gov/docs/administration_pdf/execsumsgeis072011.pdf
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No HVHF Operations on Primary Aquifers
Although not subject to Filtration Avoidance Determinations, 18 other aquifers in the State of New York have been identified by the New York State Department of Health as highly prod! uctive aquifers presently utilized as sources of water supply by major municipal water supply systems and are designated as “primary aquifers.” Because these aquifers are the primary source of drinking water for many public drinking water supplies, the Department recommends in this dSGEIS that site disturbance relating to HVHF operations should not be permitted there either or in a protective 500-foot buffer area around them. Horizontal extraction of gas resources underneath Primary Aquifers from well pads located outside this area would not significantly impact this valuable water resource.As the DEC says, this is in addition to the exclusion of drilling in the watersheds of NYC and Syracuse.
Now, one can make an argument, as the DEC has, that the exclusion of drilling in the NYC and Syracuse water supplies is based on their being unfiltered surface water (as opposed to ground water), w! ith a risk of “turbidity” from surface drilling activity. And because there have been rules in place for years restricting industry and development in unfiltered surface watersheds to avoid having to build super expensive filtration plants, as for NYC. A more clear eyed assessment of carving out the NYC watershed is that the DEC wants to excise the political opposition of NYC, which could easily create a critical mass of opposition in the state. But they do have the surface water “turbidity” argument to fall back on to explain this preferential exclusion, even if politics is the underlying reason.
But, when you are dealing with groundwater sources, how can you rationally, and scientifically exclude some aquifers and not others. Again, the actual rationale appears overtly political, rather than based on the science or risk. The D! EC is trying to carve out the opposition of the municipalities drinking from primary aquifers—including Jamestown, Elmira, Cortland, Binghamton, Corning, Salamanca. After all, these municipalities are really organized entities of people…….. who would otherwise likely oppose drilling.
Problem is, there are at least 1,140,000 people drinking groundwater in the Marcellus shale. What’s up DEC? You’ve determined that groundwater is at risk. You’re going to protect 300,000 people from ground water protection, but not the other 840,000.
Who are those people? Hello, it’s us, the people of rural NY State who will be drinking from polluted wells. It’s us, people who will not be receive equal protection against the very threats that the DEC assesses are too risky for the people of upstate municipalities.
I think I’m going to call my lawyer.
Ken Jaffe
Slope Farms
Meredith, NY
607-746-6303
917-543-0169 cell
www.slopefarms.com
Continue Input on the SGEIS
- Continue to Provide NEW information to DEC:
- the DEC must continue to receive NEWLY DISCOVERED information up through the time they are ready to issue the dsgeis in final form – and industry is taking advantage of this to send in new information about their recycling water efforts (and without a showing of some possibility of recycling there is possibly no way for the DEC to make a finding of no/little impact). So, I believe it is in our interests and not a waste of time (and may add time to the review and/or modify the result if any newly discovered information is sent to the DEC.
But it is important that the information be properly submitted.
Specifically, the information should be addressed to the Department of Environmental Conservation
And specifically state that the materials are being sent to them as lead agency for the dsgeis on Natural Gas Drilling and as a comment to the dsgeis (admittedly after the deadline for comments) because it is newly discovered evidence and should be considered as relevant information in finalizing the draft.—-Helen Slottje
- the DEC must continue to receive NEWLY DISCOVERED information up through the time they are ready to issue the dsgeis in final form – and industry is taking advantage of this to send in new information about their recycling water efforts (and without a showing of some possibility of recycling there is possibly no way for the DEC to make a finding of no/little impact). So, I believe it is in our interests and not a waste of time (and may add time to the review and/or modify the result if any newly discovered information is sent to the DEC.
- Over the past 10 months, Walter Hang has been sending out info regarding the many serious faults with the DEC’s draft Supplemental Generic Environmental Impact Statement (dSGEIS). The document itself is available on the DEC website, but is absolutely massive. If you have not yet written your emails regarding withdrawal, the best points to be made are at the following websites. In order to facilitate emails being sent to Grannis, Enck, & Paterson regarding the document’s withdrawal, their email addresses and other contact info is also listed below:
From: Walter Hang <walter@toxicstargeting.com>
All the alerts are posted at:
http://www.toxicstargeting.com/MarcellusShale/alerts
Everything is on my web site:
http://www.toxicstargeting.com/MarcellusShale
Thanks. w
Walter has requested you send him copies at <walter@toxicstargeting.com>.
NYS SEQR & SEQRA PROCESS
SEQR / SEQRA links:
state of NY docs:
http://www.dec.ny.gov/permits/357.html
http://www.dec.ny.gov/regs/4490.html
http://www.dec.ny.gov/permits/6208.html
http://www.dos.state.ny.us/lg/
citizen-created docs:
http://concernedcitizens.homestead.com/seqra_primer.html
http://www.riverkeeper.org/wp-content/uploads/2009/06/A_Citizens_Guid-1.pdf