Mixed reviews for DEC regs

Drilling proponents are pleased, critics are not

By FRITZ MAYER

NEW YORK STATE — Environmentalists and the drilling industry alike agree that the new regulations proposed for the industry will add safeguards for the environment, but for critics the question remains: do the safeguards go far enough and are there sufficient resources available to enforce them.

The New York State Department of Environmental Conservation (DEC) released a massive 810-page document on September 30 that lays out the proposed regulations in what is called the draft supplemental generic environmental impact statement (SGEIS).

Among the new safeguards when the new rules take effect is that drillers will be required to reveal all of the chemicals used in fracking fluids. They will not be able to store flow-back water, also called produced water, in plastic-lined pits; instead, they will be required to use steel tanks. Also, the drillers will be obliged to test water from any private water wells within 1,000 feet of a gas well, and if there are no private wells that close, the distance expands to 2,000 feet.

People who would like to see gas drilling proceed were generally pleased.

Brad Gill, executive director of the Independent Oil and Gas Association of New York (IOGA), released a statement that said, “IOGA has 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.”

Noel van Swol, one of the founders of the Sullivan-Delaware Landowners Association, said that the proposed regulations are “workable and they will speed production of gas drilling in the region.” He added that they “set good standards for the protection of people and the planet, and could serve as a national standard. We are very pleased.”

However, environmental groups who have been closely following the process were not so pleased. Catskill Mountainkeeper issued a press release that acknowledged the new protections, but also highlighted a detailed list of shortcomings, including those related to cumulative impacts and impacts in local communities. The release said the SGEIS “puts no limitation on the total number of gas wells that could be developed within a specific area. This means that there will be no control of the cumulative impact on air, land, water, wildlife or people.”

Also in the release, “The issue of public safety has been punted by the DEC to local governments. In the last year and a half since the commencement of drilling, there have been an extraordinary number of reported accidents connected to gas drilling in nearby Pennsylvania. Local governments are not prepared to handle a wide variety of responsibilities for monitoring, tracking accidents or preparing local police, firefighters and healthcare institutions to adequately respond to emergencies.”

Another group, Riverkeeper, said the SGEIS “may not go far enough to ensure protection of the New York City Watershed, which provides drinking water to 9,000,000 New York residents each day. Recent evidence of gas drilling accidents and contamination in states like Texas, Wyoming, Colorado, and Pennsylvania suggests that this is a risky technology that does not belong in a surface drinking water supply.”

Kate Sinding, a senior attorney with Natural Resources Defense Council, said the DEC seems to be making the point that New York is going farther than any other state in protecting the environment and human health against the possible negative impacts of gas drilling. She added, however, that the other states have set a very low bar.

She also expressed concern that the DEC won’t have the resources and personnel to enforce the new measures.

There will be public information sessions that have yet to be scheduled. The DEC will be accepting public comment on the document through November 30.

Go to www.dec.ny.gov/energy/58440.html for instructions on how to submit email and online comments or send comments to Attn: dSGEIS Comments, Bureau of Oil & Gas Regulation, NYSDEC Division of Mineral Resources, 625 Broadway, Third Floor, Albany, NY 12233-6500.

Assemblywoman Aileen Gunther said that the Assembly Standing Committee on Environmental Conservation, on which she serves, will hold a public hearing on the SGEIS on October 15, beginning at 9:00 a.m. in room 306 of the New York State Capitol. Persons wishing to present testimony should complete and return the hearing reply form available at www.assembly.state.ny.us/comm/EnCon/20091001/ . Oral testimony will be limited to 10 minutes.

New drilling regulations proposed by the DEC

• Disclosure of fracturing fluids: Every applicant must include disclosure of the fracking fluid compositions and the percentages of chemicals to be used for each well.

• Well water testing: Prior to drilling, private wells within 1,000 feet of the drill site will be tested to provide baseline information and allow for ongoing monitoring. If there are no wells within 1,000 feet, the survey area will extend to 2,000 feet.

• Water consumption: Companies will have to follow Susquehanna River Basin Commission and Delaware River Basin Commission protocols for water withdrawal where applicable and must complete a more stringent and protective stream-flow analysis in regards to water withdrawal plans.

• Mitigation planning: All operators are required to prepare plans for mitigating greenhouse gas emissions, visual impacts and noise impacts prior to commencing operations. In addition, if a drilling company has not reached a road-use agreement with the local government, a trucking plan containing the estimated amount of trucking, approach for avoiding peak traffic hours, appropriate off-road parking/staging areas and routes must be submitted.

• Flow-back (wastewater) handling: Operators choosing to store flow-back on-site must use steel tanks to protect the environment.

• Tracking flow-back disposal: Before a permit is issued, the operator must disclose plans for disposal of flow-back. Further, a new “Drilling and Production Waste Tracking” process (similar to the process for medical waste) will be used to monitor disposal.

• NYC Watershed and other sensitive areas: The SGEIS contains a number of mitigation measures aimed specifically at protecting the NYC Watershed. Among them, the SGEIS defines buffer zones around reservoirs and other water bodies in the watershed. Wells proposed within a 1,000-foot corridor of water tunnels or aqueducts will require special approvals.

• Floodplains: On-site reserve pits are banned in floodplains; closed-loop tank systems are required instead to protect against potential spills.

• Storm water control: Drilling operations will be subject to a comprehensive, multi-sector general permit for industrial activities as well as special permit conditions.