DEC unveils new rules for gas drilling

Well testing mandated

By FRITZ MAYER

ALBANY, NY — The long-awaited draft of new rules regarding gas drilling in the Marcellus Shale were unveiled on September 30, and include some new environmental protections. The NYS Department of Environmental Conservation (DEC) issued a press release saying that the draft of the Supplemental Generic Environmental Impact States (SGEIS) “addresses the range of potential impacts of shale gas development using horizontal drilling and high-volume hydraulic fracturing and outlines safety measures, protection standards and mitigation strategies that operators would have to follow to obtain permits.”

One of the most significant new requirements will be that drilling companies will have to reveal the contents of fracking fluids, and the percentages to be used for each well.

The drillers will also be required to test private water wells for baseline information for wells within 1,000 feet of each well, and allow for ongoing monitoring. If there are no wells within 1000 feet, the distance expands to 2,000 feet.

Also, drillers will not only have to follow Susquehanna River Basin Commission and Delaware River Basin Commission protocols for water withdrawal where applicable, but also must complete a more stringent and protective stream-flow analysis in regards to water withdrawal plans anywhere in the state.

In regards to storing contaminated fluids that flow back out of the well in the drilling process, drillers who choose to store those fluids on site must use steel tanks, rather than open pits.

And the use of plastic-lined pits to hold reserves of fracking fluid will be prohibited in flood plains,

Reactions at the government center in Monticello on October 1 were muted because lawmakers had not studied the details, but after glancing at some of the new proposed regulations, lawmaker David Sager said that he thought officials in Albany had gotten the message that the public wants to see that the environment is protected.

Brad Gill, executive director of the Independent Oil and Gas Association of New York (IOGA) released a statement saying, “IOGAhas begun a review of the SGEIS and remains optimistic that the state DEC has found a balance that continues to protect New York's environment and allows responsible exploration for natural gas in the Marcellus Shale." Gill added, "Oil and gas producers have an outstanding record of environmental and operational safety in New York. A regulatory structure that is tough but fair will allow this state to realize this tremendous economic opportunity."

Kate Sinding, a senior attorney with the Natural Resources Defense Council, said the DEC is putting forward the point that the state is going farther than any other to protect the environment from the possible harms of gas drilling but, she said, that is a very low bar. She also said that there is ongoing concern that the DEC will not have adequate resources to enforce the new regulations.

There is a comment period on the SGEIS that ends on November 30. A statement on the DEC’s web site says, “There will be an opportunity for public comment on the draft. We will provide information in the near future regarding public comment opportunity and the duration of the public comment period. We appreciate the input of the many stakeholder groups, public officials, industry representatives, and others who have participated in this process.”

The SGEIS and related documents can be found at www.dec.ny.gov/energy/46288.html .