ALBANY – The Department of Environmental Conservation has filed the paperwork necessary to extend today’s deadline for releasing New York’s controversial shale-gas drilling regulations by another 90 days, a move which will kick off yet another public comment period.
The extension would give the agency more time to allow Health Commissioner Nirav Shah and three national experts to complete a public health impact review of hydraulic fracturing. The first public comment session upon the DEC’s previously released environmental impact study was held a year ago. Without the extension, per state law, the regs stemming from that study would have expired tomorrow.
DEC spokeswoman Emily DeSantis said the agency would “fully consider” Dr. Shah’s report and recommendations and revise the 1,500 page SGEIS accordingly. “The DEC will not take any final action until after Dr. Shah’s health review is completed. Today’s action merely extends the rule making period to enable DEC to take into account Dr. Shah’s review,” she said yesterday.
The law allows regulators to seek a 90-day extension on the regulations, which will include a 30-day comment period. The public comment period will begin when the revised draft regulations are released and in accordance with the requirements of the State Administrative Procedures Act, said DeSantis.
The state has had a moratorium on Marcellus and other shale formation drilling since 2008. Fracking, as it’s called, requires several million gallons of water mixed with sand and chemicals for each well. Those opposed to it contend that the chemicals contained in both the frack fluids and formation water, in addition to the industrial activity itself, would seriously contaminate the environment. Advocates point to multiple, nationwide university and federal studies, including New York’s own draft regs, that contend that released the energy source from shale can be safely regulated. Last year, the DEC took into consideration more than 80,000 public comments.
Members of the Joint Landowners Coalition of New York, which represents 77,000 landowners, including those who own nearly 200,000 acres in Chenango County, say they are “cautiously optimistic” that the extension “would signal that an end is in sight” over the debate about the viability of developing the state’s shale gas. Gov. Cuomo said in the spring that permitting in New York would first begin in the Southern Tier because that’s where the Marcellus is deep enough to drill.
“We are encouraged that the Governor and DEC have a plan to avoid expiration of the regulatory review process. ... New York landowners, farmers, businesses and taxpayers hope that New York can finally bring an end to this process and begin realizing the environmental and economic opportunities enjoyed by our neighboring Marcellus Shale states,” said Dan Fitzsimmons, JLCNY president.
Karen Moreau, executive director of the New York State Petroleum Council, characterized both the Governor’s decision last week to conduct a health review on hydraulic fracturing and the DEC’s move to extend the implementation of regulations as “a fair and appropriate step.”
But, a group of health professionals at the Institute for Health and the Environment at the University at Albany’s School of Public Health, launched a new initiative on the health risks of shale gas development. They urged Cuomo not to commit to an extension, but instead allow the proposed regulations to expire and draft new ones based on a comprehensive health impact assessment.
Kate Sinding of the Natural Resources Defense Council said it would be a “monumental error” for DEC to file for the extension.
A pro-drilling advertising campaign from a group of landowner, farming, business, gas industry and construction organizations began appearing in print media and radio earlier this week. The ads contrasted the economic hardships in upstate New York with the financial benefits that shale gas drilling has brought to neighboring Pennsylvania.
The Associated Press contributed to this story.