New York DEC Recommendations
On July 1, New York Department of Environmental Conservation issued recommendations based on its hydraulic fracturing review. The recommendations revise several positions in the DEC’s 2009 draft Supplemental Generic Environmental Impact Statement (SGEIS) report. Among others, high-volume fracturing would be prohibited in the watersheds for New York City and Syracuse as well as in an area delineated as a buffer zone. In addition, drilling would be prohibited in primary aquifers and within 500 feet of their boundaries. The surface of state-owned land could not be used for drilling.
The DEC recommendations also provide that no permits would be issued for well pads within a 100-year flood plain. An additional, third cemented casing would also be required for each well to prevent gas migration. This casing would be an intermediate casing between the surface casing and the production casing. The depths of both the surface and intermediate casing would be determined by site conditions for a specific well. Other recommendations include: new guidelines for control of flowback water and spills; a new permit process for stormwater protection; a special permit for withdrawal of large volumes of water for industrial or commercial purposes; provisions to ensure the proper handling of flowback water; disclosure of fracturing fluid chemicals; air protection provisions; and notice to local governments and certification of compliance with local land use and zoning laws.
The complete draft SGEIS will be available on the DEC website on July 8. The DEC notes that it is continuing to study socioeconomic, transportation and visual and noise impacts of hydraulic fracturing. That research is expected to be completed by July 31, 2011, and it will be reflected in the final draft of the SGEIS.
The DEC plans for a 60-day public comment period to begin in August. No permits will be issued until the public comment period has closed, public comments have been reviewed, and a final version of the SGEIS is released. For more information, see www.dec.ny.gov/

