Hydrofracking comment period to start in ‘late summer,’ DEC says

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Mon, Aug 1, 2011  |  Updated: 10:36 PM

Hydrofracking comment period to start in ‘late summer,’ DEC says

August 1, 2011

ALBANY — The public will likely have to wait until September to get its say on the state’s review of the controversial hydraulic fracturing process for natural gas drilling.

The Department of Environmental Conservation received a report late last month from a Buffalo-based consulting company that proposes ways to limit the effects on communities and municipalities from an anticipated spike in activity by the natural gas industry.

The department now is considering how to plug the consultant’s recommendations into its own proposed regulations, spokeswoman Emily DeSantis said Monday. After that, an updated draft of DEC proposals will be made public and opened up to a 60-day comment period by “late summer,” likely beginning in September, she said.

The comment period was originally expected to start this month.

“What we’ve been saying all along is that there is no firm time frame for this,” DeSantis said. “We’re taking the time to make sure this is done right.”

The DEC’s recommendations for curbing the environmental impact of high-volume hydrofracking — a method involving the injection of a mix of water, sand and chemicals deep into gas-rich underground shale formations — have been three years in the making.

An initial draft review received 13,000 comments and packed auditoriums at public hearings in 2009.

Ecology and Environment Inc. was hired by the DEC earlier this year to highlight both the positive and negative socioeconomic effects of natural gas drilling in the Marcellus and Utica shale formations, which sit beneath the Southern Tier and other portions of New York.

The company’s report, which will be made public when the comment period opens, was also set to include an analysis of visual and noise impacts from the industry, as well as the effects of increased truck traffic on the state’s infrastructure.

Katherine Nadeau, water and natural resources program director for Environmental Advocates of New York, said she hopes the consultant’s study considers human health.

“Part of what we’re hoping to see here is some assessment of human health impacts,” Nadeau said. “This is not something that has been included anywhere else in the (DEC) document, and it’s something that concerned citizens across the state have been calling for.”

The DEC also hasn’t made a final decision on whether or not to host public hearings on its latest draft review. That decision will be announced when department officials have a better handle on the time frame of the public-comment period, DeSantis said.

Scott Kurkoski, an attorney representing the Joint Landowners Coalition of New York, said the coalition’s members are urging the DEC not to host another round of hearings.

Hydrofracking-related hearings across the Southern Tier have at times attracted large protests and heated rhetoric.

“These public hearings are used for political reasons and end up being circus atmospheres,” Kurkoski said. “The good, substantive comments can be put in writing and sent to the DEC, and we know the DEC will really be able to look at all of those substantive comments.”

“From the landowners’ point of view, we just want the DEC to stay on track and to have this released in a timely manner,” he continued.

Nadeau disagreed, calling public hearings an “incredibly important part of the public process.”

“Public hearings are a really important vehicle for everyone who wants to be heard to have their comments heard and to be counted on the record,” Nadeau said.

Permits for high-volume hydrofracking won’t be issued until a final version of the DEC report is complete, which isn’t expected until some point next year, according to the department.

Organic farmers want DEC to hire ag expert to look at frack impacts

Organic farmers want DEC to hire ag expert to look at frack impacts.

Insight: NY water at risk from lack of natgas inspectors? | Reuters

Insight: NY water at risk from lack of natgas inspectors? | Reuters.

New York: Home Rule vs. Marcellus Gas « « DC Bureau | Environmental and National Security Stories That MatterDC Bureau | Environmental and National Security Stories That Matter

New York: Home Rule vs. Marcellus Gas « « DC Bureau | Environmental and National Security Stories That MatterDC Bureau | Environmental and National Security Stories That Matter.

Niagara Falls Reporter: Frack

Niagara Falls Reporter: Frack.

 

NIAGARA FALLS WATER AUTHORITY HIRES PR FIRM TO HELP SELL DUMPING ‘FRACK’

 

Preliminary Revised Draft SGEIS on the Oil, Gas and Solution Mining Regulatory Program (July 2011) – NYS Dept. of Environmental Conservation

Preliminary Revised Draft SGEIS on the Oil, Gas and Solution Mining Regulatory Program (July 2011) – NYS Dept. of Environmental Conservation.

DEC PEF Supports 1 year Moratorium

New York State

PUBLIC EMPLOYEES FEDERATION AFL-CIO

LEGISLATIVE DEPARTMENT 1-800-724-4997

100 State Street, Suite 1070 1-518-432-4003

Albany, NY 12207 Fax: 1-518-432-7739

Kenneth Brynien, President; Arlea Igoe, Secretary Treasurer

 

June 1, 2011

 

A7400\Sweeney

 

The New York State Public Employees Federation, representing 56,000

Professional, Scientific, and Technical workers of New York State, supports

this legislation.

 

This bill suspends the issuance of new permits for the drilling of wells

that utilize hydraulic fracturing until June 1, 2012.

The use of hydraulic fracturing to harvest natural gas in the Marcellus and

Utica shale formations should not proceed until the environmental impact

and state’s ability to ensure the safety of its citizens has been fully

determined.

PEF represents employees at the Department of Environmental Conservation

(DEC). It must be noted that DEC has 800 less staff than it did in 2009,

severely inhibiting the agency’s ability to oversee extraction properly,

from the permit process through remediation should a spill occur.

 

The state would be well served by deferring hydraulic fracturing permitting

while the US Environmental Protection Agency finalizes its study and until

the revised draft Supplemental Generic Environmental Impact Statement has

been fully reviewed. This time should be used to identify funding to ensure

that DEC is appropriately staffed and can effectively regulate the process.

For these reasons, the Public Employees Federation urges you to support

this legislation.

 

For more information, please contact:

Brian F. Curran, Legislative Director and Counsel

 

Take Action to Save State Forests

ROUSE

Take Action!

(1) Submit Written Comments on Gas Drilling in Shindagin Hollow and Danby State Forests
(2) Sign ROUSE’s Statement to Ban Hydraulic Fracturing for Shale Gas Statewide
(3) Sign Town of Caroline Petition Asking Town Board to Ban HF within the Town of Caroline
(4) Medical Professionals Sign-On Letter Opposing High Volume Hydraulic Fracturing
(5) Protest DEC’s Sacrificing of Upstate Water in Favor of Syracuse and NYC Watersheds
(6) Sign a Petition to Ban Shale Gas Drilling in New York State

Also check out the Action Steps at these websites:  NYRAD  Toxics Targeting

NOTE: The handouts on key shale gas drilling topics are now “Fact Sheets” on the “Links to Resources” page, under “Basic Gas Drilling Information.” Click here for a direct link.

(1) Submit Comments on DEC’s Forest Management
Plan that Allows Gas Drilling in Shindagin Hollow
and Danby State Forests

This is very important because it affects the future of state forests in our backyards!  Comments at the public hearing were unanimously opposed to allowing HVHF in state forests.  Now we must build on that by submitting written comments.

Please:  submit written comments (by May 14, 2011, see details below—they can be short!!!)

The Bottom Line:
Below is much information on the documents and commenting, all optional. You would be helping this cause to simply say that you don’t want leasing for gas or oil drilling in Shindagin and Danby State Forests (the “Rapid Waters Management Unit”) because you think the other uses of these forests are more important (list some), and mineral extraction will detract from these uses (you can say in what way). Links to sample comments plus a suit against DEC to force it to remove HVHF as an option in state forests are given below—we will be adding to this list as we receive comments and permission to post them.

In this fight, number of commenters on each side counts. The notice went out on landowner coalition listservs, whose members presumably will be commenting in favor of drilling in these forests

Written Comments: (by email or snail mail)
When:       By May 14, 2011 (NOTE: A week later than posted previously)
Where:     To John Clancy
(Senior Forester, Region 7, and principal author of the management plan)
NYSDEC, Division of Lands and Forests
Attn: John Clancy, 1285 Fisher Ave., Cortland, NY 13045-1090

The Details:
The DEC is developing management plans for state forests, and the draft plan for our area, including Shindagin Hollow State Forest and Danby State Forest, allows “exploration and development of oil and natural gas resources within the Unit’s State Forests.”

Last time the DEC came up with a plan to lease Shindagin (in 2006), public comment opposing it convinced them to NOT lease! This time, the stakes are higher, as gas drilling is more likely. If the forests are leased, our area might be more attractive to drilling companies, and more people might be affected by compulsory integration.

We can stop this again if a LOT of people speak out and send in written comments.
Most important is to have many people opposed, rather than a few people writing long, detailed critiques. Comments can be kept short, although it’s certainly ok if they are longer and more detailed.

Note: this is the general plan allowing them to lease; if a particular area is considered for leasing, there will be another public hearing. But, it’s important to stop this now, before it gets to the next stage.

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Suit Against the DEC

On May 3, 2011, The Croton Watershed Clean Water Coalition, Inc. (CWCWC) announced that they were suing the Department of Environmental Conservation (DEC) in New York State Supreme Court to declare high-volume hydraulic fracturing in New York State Forests contrary to the New York State Constitution and applicable environmental laws. Click here to see information on the lawsuit.

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Sample Comments:

Sample Comments #1
John Confer

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To see the Draft Management Plan: (the “Rapid Waters DRAFT Unit Management Plan”)

1) Go to the NYS DEC web site http://www.dec.ny.gov/lands/72384.html
You can download the Plan in 4 parts from this web site.

2) Go to the Town of Danby web site http://town.danby.ny.us/Documents/RapidWatersMgmtPlan.pdf
The entire document is in one 13.3MB file.

Sections Discussing Gas Leasing/Drilling:
pp. 11-13: Gives an overview of nearby leasing in the past and present, and forest leasing in the future.
pp. 71-73: Objective 3.2: Accept Nominations to Lease Natural Gas Exploration and Development Rights while Protecting Sensitive Areas and Other Management Objectives. Tells how they plan to allow leasing.

Key Gas Drilling Provisions in Plan (pp. 71-73):

(1) Recommends drilling at 1 pad per 320 acres, but does not require this and leaves the door open for more dense drilling in the future.

(2) Sets up a hierarchy of areas within the forests, A, B, C, and D, according to their suitability for drilling. A = most suitable; D = no drilling. It says 56% of the area would be in category D if assessed today, but they don’t actually make any area assessments.

(3) Pipelines will NOT follow the hierarchy, so they could go anywhere DEC decides to allow them.

(4) New roads will be placed “in consideration of the hierarchy,” but at DEC’s discretion.

(5) pp. 119-120 give setbacks for surface disturbance from mineral extraction: 250′ from streams, wetlands, ponds, lakes, seeps, vernal pools (high water line), and recreation trails.

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Info from the last round, in 2006, when leasing was shot down:

►There are insights to be gained by looking at what the Public and DEC said then, and also
you can get many good ideas of what to put in your comments:

The document Response to Public Comments: 2006 State Land Lease Sale discusses the leasing and public input process, and describes and lists the different types of comments made on both sides and responds to them. Definitely worth a skim!

For a few key notes on the 2006 Response to Public Comments document, click here.

For selected excerpts from the 2006 Response to Public Comments document, click here.

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The following are listed as “stewards” of the 2 forests, in the management plan:

AANR Volunteer Stewards State Forest
Bethel Grove Bible Church Shindagin Hollow
Candor Valley Riders Snowmobile Club Shindagin Hollow
Cayuga Trails Club Danby and Shindagin Hollow
Cycle-CNY Shindagin Trail Committee Shindagin Hollow
Finger Lakes Trail Conference Danby and Shindagin Hollow
Friends of Bald Hill Danby
Spencer-Van Etten Snowbmobile Club Danby

If you know someone in one of these groups, please contact them and see if they oppose leasing and are willing to mobilize their group to help protect the forests from drilling.

To protect our local forests, we must come out in force at the April 14th meeting.

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DEC ANNOUNCEMENT ABOUT THE PUBLIC MEETING:

http://www.tcgasmap.org/media/State Forest Leasing DEC Mtg Notice 4-11.pdf

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Comments from Others on the 2010 NYS State Forest Management Plan:
(In late 2010, comments were accepted on this statewide document. Here are comments from Barbara Lifton, the Finger Lakes Land Trust, the Town of Danby, and others, including why gas drilling should not be done in Shindagin and Danby. The same points could be made now. See first item at this link.)

http://www.tcgasmap.org/default.asp?metatags_Action=Find(‘PID’,’49’)#Effects on Forests and Wildlife

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Info on the Impacts of Gas Drilling on Forests and Wildlife:

Effects of Drilling on Wildlife, Forests, and Streams:
The following link is to a new “in press” section of the TCgasmap primer that is not yet on the web. It’s a summary of the most important info on this topic, and contains numerous references. (Ignore underlined links to other sections of the web page for now!)

http://www.tcgasmap.org/media/Wildlife Impacts for State Forest Commenting.pdf

Summaries of articles on how drilling affects wildlife and forests:

http://www.tcgasmap.org/default.asp?metatags_Action=Find(‘PID’,’49’)#Effects on Forests and Wildlife

http://www.tcgasmap.org/default.asp?metatags_Action=Find(‘PID’,’21’)#Effects on Forests and Wildlife

The effects of ground-level ozone (increased by drilling) on trees:
http://wps.prenhall.com/esm_wright_envisci_9/21/5497/1407388.cw/content/index.html
“Through its tissue-damaging effects, ozone also endangers valuable timber stands and fragile wilderness ecosystems. As a component of urban smog, ozone impairs the aesthetics of those systems and creates secondary impacts on urban and wilderness habitats. Such damage is already apparent in urban trees and in parks downwind of major cities around the world.”

Land area affected by each well pad in PA (article summary):
Johnson, Nels. November 15, 2010. “Pennsylvania Energy Impacts Assessment: Report 1: Marcellus Shale Natural Gas and Wind.” http://pa.audubon.org/PDFs/energy_analysis report.pdf
Researchers in PA took aerial photos of 242 well pads in forested areas in the Marcellus shale of Pennsylvania. They digitized the images and measured how much land was cleared for well pads, access roads, pipelines, and water impoundments. They found, on average, that 3.1 acres were cleared for each well pad, and that an additional 5.7 acres were cleared for the associated structures around that well pad (roads, etc.). Then, using well-established research that most edge effects extend at least 330 feet into a forest from the edge, they calculated the additional area disturbed indirectly as 21.2 acres per pad. Thus, each well pad disturbed at least 30 acres! Although Marcellus shale well pads are expected to eventually host 6 to 8 or more wells, these pads only hosted 2 wells, on average, so the disturbance is likely to be much greater in the future. In PA, many drillers are currently developing only a few wells per pad as they rush from pad to pad to establish activity on each lease, which allows them to keep the lease (called held by production) without paying more signing bonuses to landowners or renegotiating terms.

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Excerpts from the 2011 State Forest Management Plan
Covering Shindagin Hollow and Danby State Forest

http://www.tcgasmap.org/media/State Forest Leasing 2011 Rapid Waters Plan Excerpts.pdf

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(2) If you Live in NY State, Sign ROUSE’s Statement:
High-Volume Hydraulic Fracturing
should not be Permitted in NY to Extract Shale Gas.

ROUSE (Residents Opposing Unsafe Shale-Gas Extraction) is gathering signatures from all NY residents, and # acres owned from those who own land. The statement will be used to publicly counter the large number of people and acres being tallied by landowner coalitions to push drilling forward. Your name and contact info will be kept confidential upon request at the time of signing.

Click here for more information and a link to signing the statement

Groups Warn Governor Cuomo About Gas Extraction Plan

An excellent demonstration of the power of letter-writing and media attention!

Groups warn Cuomo about gas extraction plan

Posted on March 30, 2011 at 1:02 pm by James M. Odato in General

About 40 groups, ranging from Neighbors of the Onondaga Nation to Trout Unlimited, wrote to Gov. Andrew Cuomo Tuesday advising him to put the brakes on allowing hydraulic fracturing that they said would pose risks as currently planned. Companies are eager to drill into the deep shale deposits below New York’s surface to extract natural gas.

“We are writing to you on an issue of urgent importance to all New Yorkers – assuring that New York State does not rush to allow risky new drilling techniques in the Marcellus and Utica Shale formations unless the protection of the State’s drinking water supplies and other irreplaceable resources can be demonstrated,” the groups, including Common Cause and the Natural Resources Defense Council, wrote.

“Specifically, we ask that you clearly confirm that the New York State Department of Environmental Conservation (DEC) will be allowed both adequate time and resources to fully and properly evaluate the full range of potential risks associated with new natural gas development utilizing hydraulic fracturing, or “fracking,” before issuing a revised draft Supplemental Generic Environmental Impacts (DSGEIS) pursuant to Executive Order 41 (EO 41). Simply put, the arbitrary June 1, 2011 target date established by former Governor David Paterson in EO 41 is wholly inadequate to allow for the development of an appropriately comprehensive or legally sufficient revised DSGEIS.”

The letter was copied to Department of Environmental Conservation Commissioner Joe Martens.

 

AP Interview: New York drilling regs may take all summer

Published: Thursday, March 31, 2011, 9:36 AM     Updated: Thursday, March 31, 2011, 9:41 AM
The Associated Press By The Associated Press The Post-Standard

ALBANY, N.Y. (AP) — Joe Martens, the new head of New York’s Department of Environmental Conservation, says gas drilling in the massive Marcellus Shale formation is the most daunting environmental issue the agency has faced in its 40-year history, but he’s hopeful rules will be in place by summer’s end to address all the potential impacts.

In an interview with The Associated Press Wednesday, Martens said DEC staff will meet twice a week starting in early April and through the summer to complete a new environmental impact statement for gas drilling that addresses issues raised in the 13,000 comments received on the first draft completed in September 2009.

New York has had a moratorium on gas drilling in the Marcellus Shale since 2008 while new rules are being developed.

 

ENVIRONMENTAL ADVOCATES OF NEW YORK–A Fracking To-Do List

ENVIRONMENTAL ADVOCATES OF NEW YORK.

 

March 7, 2011

A Fracking To-Do List

Last week, Environmental Advocates of New York rolled out our “fracking to-do list” for state leaders and lawmakers at a briefing in the state capital. Hydraulic fracturing, often called “fracking,” is an environmentally dangerous technique used to extract natural gas from underground shale deposits. We’re worried about all phases of the drilling process—the impact of the withdrawal of millions of gallons of water from area lakes, rivers, and streams, the toxic chemicals used in fracking fluids and their potential to leach into drinking water, and the state’s ability to treat and dispose of fracking wastewater, particularly when it’s radioactive.

Fracking has poisoned waterways from Wyoming to Pennsylvania. Our to-do list is comprehensive and designed to safeguard the health and safety of New York’s drinking water. Here’s what we want state leaders to do:

  • Pass legislation that will protect water resources and establish a regulatory permitting program to oversee large water withdrawals statewide.
  • Regulate fracking fluids by requiring the gas industry to disclose the chemical components in fracking fluids and prohibit the use of fluids that pose a risk to human health. New York’s environmental regulator shouldn’t be allowed to issue drilling permits until such regulations are adopted.
  • Close the hazardous waste loophole in current state law and require that all fracking wastewater that meets the definition of hazardous waste be considered hazardous for the purpose of transport and treatment.
  • Revise the state’s draft drilling plan and release it only when it’s ready and not a minute before. An Executive Order requires the Department of Environmental Conservation to update their draft plan on or about June 1st of this year.
  • Improve the plan so it updates and revises drilling regulations and include a cumulative impact analysis that addresses the worst-case scenario of up to 2,500 wells per year.

At the briefing, Susan Christopherson, the J. Thomas Clark Professor of City & Regional Planning at Cornell University, discussed the potential economic impacts of fracking for New York’s communities. Professor Christopherson’s research on fracking shows that individual New Yorkers may stand to benefit, but that the costs to local government are significant. Depending on the pace and scale of drilling, local governments may not have the capacity to respond to new demands.

New York is a battleground in the national debate about natural gas drilling and fracking. Drilling-related accidents across the country have contaminated drinking water, created air quality hazards and violations, and polluted streams.

Click here to see our own Katherine Nadeau interviewed about our fracking on Your News Now
.

Click here to read The New York Times‘ recent groundbreaking series, “Drilling Down,” on the dangers of fracking.