Revised Draft SGEIS on the Oil, Gas and Solution Mining Regulatory Program (September 2011)
DEC received more than 13,000 public comments on the Draft Supplemental Generic Environmental Impact Statement (SGEIS) issued in September 2009. The Draft SGEIS addresses permit conditions required for gas drilling in Marcellus Shale and other areas of the State.
In response to issues raised, DEC has prepared a Revised Draft SGEIS. As of September 7, the document is available for public review. To help those interested in understanding the issues involving horizontal drilling and high-volume hydraulic fracturing, several fact sheets are also available.
The individual chapters of the Revised Draft SGEIS (September 2011) can be viewed as PDFs (see below). The full 2011 Revised Draft SGEIS document (PDF) (46 Mb) is available as a single PDF file. Although it is a very large file, it is downloadable and searchable.
Please note: Some of these are very large documents. Only print them if you really need to, and only those sections that you need. Double side all printing and copying jobs. For every ton of office paper use avoided, greenhouse gas emissions are reduced by more than 8 metric tons.
2011 Revised Draft SGEIS Chapters
Table of contents (PDF) (2.7 Mb)
Executive Summary (PDF) (805 kb)
Introduction (PDF) (575 kb)
Description of Proposed Action
Proposed SEQRA Review Process (PDF) (996 kb)
Geology (PDF) (4.2 Mb)
Natural Gas Development Activities and High-Volume Hydraulic Fracturing (PDF) (5.2 Mb)
Potential Environmental Impacts
Mitigation Measures (PDF) (2.8 Mb)
Alternative Actions (PDF) (990 kb)
Review of Selected Non-Routine Incidents in Pennsylvania (PDF) (498 kb)
Summary of Potential Impacts and Mitigation Measures (PDF) (711 kb)
Glossary and Bibliographies (PDF) (1.7 Mb)
Appendices 1 through 14 (PDF) (3.0 Mb)
Appendix 15 (PDF) (6.8 Mb)
Appendices 16 though 27 (PDF) (4.5 Mb)
Socio-economic Impact Analysis Report, Ecology and Environment, P.C. (E & E)
Ecology and Environment Engineering, P.C. prepared the Socio-economic Impact Analysis as a technical consulting report in support of the revised draft SGEIS. The Socio-economic Impact Analysis (PDF) (4.0 Mb) is available for download as a single PDF file
Written comments will be accepted through the close of business December 12, 2011 by two methods only:
Electronic submission using a web-based comment form available on DEC's website (preferred method); or
Paper submission mailed or delivered to: Attn: dSGEIS Comments, New York State Department of Environmental Conservation, 625 Broadway,Albany, NY 12233-6510. Please include the name, address, and affiliation (if any) of the commenter. Paper submissions also will be accepted at the public hearings listed below.
Due to the expected volume, comments that are faxed, telephoned, or emailed to the DEC will not be accepted for the official record. This is to ensure that all comments are captured properly and can be included during the review process. Please use DEC's web-based comment form to provide your input.
Public Hearings
DEC plans to hold four public hearings during the comment period for the SGEIS and regulations in November. The meetings will be held in counties in the Marcellus Shale area, as well as New York City. Dates and locations will be announced shortly.
2011 Recommendations for Permitting High-Volume Hydraulic Fracturing in NYS (PDF) (54 kb)
High-Volume Hydraulic Fracturing SGEIS Time Line Fact Sheet (PDF) (38 kb)
PowerPoint Presentation from July 1 Press Conference (PDF) (1.4 mb)
DEC Commissioner Appoints Members to Hydraulic Fracturing Advisory Panel (Press Release July 1, 2011)
DEC Commissioner Joe Martens held a press conference on July 1, 2011 to explain the preliminary revised draft SGEIS. A webcast is available for viewing. (Leaving DEC's website)
For further information or assistance with these documents, please contact the DEC's Bureau of Public Outreach by email at public@gw.dec.state.ny.us or by calling 518-402-8044.
More about Revised Draft SGEIS on the Oil, Gas and Solution Mining Regulatory Program (September 2011):
High-Volume Hydraulic Fracturing Comment System - Public Comments on High-Volume Hydraulic Fracturing in New York State
View Print Copies of the 2011 DSGEIS - Where to view print copies of the DSGEIS 2011 in New York State.
Economic Impacts - highlights of economic impacts
Community Impacts - description of identified community impacts such as traffic, noise, etc.
Map of Prohibited Drilling Areas - areas where high-volume hydraulic fracturing surface drilling would be prohibited
2011 Recommendations for Permitting High-Volume Hydraulic Fracturing - recommendations on mitigating the environmental impacts of high-volume hydraulic fracturing in New York State
High-Volume Hydraulic Fracturing SGEIS Time Line - fact sheet on review process and important dates
What We Learned From Pennsylvania - fact sheet on lessons learned from a recent spill in Pennsylvania and steps to take to avoid a similar situation
SGEIS on the Oil, Gas and Solution Mining Regulatory Program
Revised Draft SGEIS on the Oil, Gas and Solution Mining Regulatory Program (September 2011)
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HydrofrackFacts- What is dSGEIS?
What is an EIS? (slide courtesy Dr. Anthony Ingraffea, Cornell)
The purpose of an Environmental Impact Statement is to
Identify possible risks to the environment,
Assess potential impacts, and then to either
Propose prohibition of those activities likely to cause harm, or
Propose mitigation, or ways to reduce the harm.
This document, in absence of other state regulations, lacks the power of enforcement. It can only "suggest potential mitigation of potential impacts". (Ingraffea, 7-25-2011)
An EIS is not Regulation!
Dr. Tony Ingraffea: What is the SGEIS?
A common mistake one hears is that "NY has the best regulations in the country!" when referring to the GEIS for Oil, Gas, and Solutions Mining. In fact, the GEIS only determines the well-permitting application process. The actual regulations are very scant. See for yourself: http://www.dec.ny.gov/regs/4461.html#15537
Generic EIS
According to the Handbook, and also 6 NYCRR §617.10, a Generic EIS (GEIS) may be appropriate if:
a number of separate actions are proposed in a given geographic area and which, if considered singly, may have minor effects, but if considered together may have significant adverse environmental impacts;
a sequence of related or contingent actions is planned by a single agency or individual;
separate actions share common (generic) impacts; or
a proposed program or plan would have wide application or restrict the range of future alternative policies or projects.
The 1992 Oil, Gas, and Solutions Mining GEIS
In 1992, the NY Department of Environmental Conservation (DEC) issued a Generic Environmental Impact Statement on "Oil, Gas and Solution Mining".
New technology demands revision (the SGEIS)
However, the recent technological developments of High-Volume, Slick-Water, Horizontal Hydraulic Fracturing along Long Laterals for Natural Gas in Shale formations is such a new technology, little of the old document was relevant. And since the size of the formation so large, and the potential impacts were so great, in July 2008, then Governor David Patterson directed the DEC to prepare the Supplemental GEIS (SGEIS), which effectively placed a moratorium on drilling horizontal wells in the New York part of the Marcellus Shale formation.
The 2009 Draft SGEIS
A Draft Supplemental Generic Environmental Impact Statement (dSGEIS) was issued in September of 2009, and has been in process since then. This document was widely criticised as being "woefully inadequate" and one petition garnered 10,000 signatories asking the governor to withdraw the document. Public hearings were held all over the state, and the DEC received over 13,000 comments on the document.
The Present
July 2011 Preliminary Draft SGEIS
In July 2011, a Preliminary Draft version of the SGEIS was released, after the DEC was ordered by Governor Cuomo to expedite the process. A "final" draft is expected in September 2011.
This document was also criticized in several key areas:
Certain watersheds (NYC and Syracuse) received special protections, while others do not
Well setbacks not adequate based on all peer reviewed studies
nothing substantive on how the wastewater will be dealt with - just a list of possibilities
Cumulative impacts not adequately addressed (including health impacts)
Study on economics missing, to be added late summer.
DEC states that permits to be issued without regulation in place.
DEC does not have the resources to enforce activity
Local authorities were not included in the process
DOT, DOH, and AG were not included in the process
September 2011 draft SGEIS
Contains a few of the previously missing sections, but has the same inadequacies of its predecessors, with a few new ones, including a glaring one - the Socio Economic Impact Study.
The "final" draft has the same disparate treatment of the New York City watershed, the same inadequate set-backs from rural wells and surface water, still no plans for where the fracking flow back water is to be disposed of, gas remains tax exempt in New York, etc. etc.
The added Socio-Economic Impacts study is based on gas reserve estimates that are now known to be overstated by a factor of 5x, which renders the economic projections of the study effectively meaningless.
http://www.dec.ny.gov/data/dmn/rdsgeisfull0911.pdf
Guide for Reading the SGEIS
I don't want to read ~1100 pages of legal jargon!!
While we encourage you to read the draft SGEIS document, we understand it is a daunting task for a lay-person. If you do not want to read the document, read the information on this site culled from expert analysis and use it to craft your own response to the DEC. But please, make a comment to the DEC! This is most important.
Resources
Please familiarize yourself with the SEQR Handbook:
http://www.dec.ny.gov/permits/6188.html
DEC Mission Statement
Mission: "To conserve, improve and protect New York's natural resources and environment and to prevent, abate and control water, land and air pollution, in order to enhance the health, safety and welfare of the people of the state and their overall economic and social well-being."
(click to go to Flaws site)
Please Send Comments To:
Attn: dSGEIS Comments,
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-6510
+++++++++++++++++++++++++++++++++++++++++++
The Honorable Andrew M. Cuomo
Governor of New York State
NYS State Capitol Building
Albany, NY 12224
Please include your mailing address as responses may be sent by U.S. mail.
++++++++++++++++++++++++++++++++++++++++++++++++++
Senator James L. Seward
Albany Office
172 State Street Room 430, Capital
Albany, NY 12247
District Office
41 So. Main Street
Oneonta, NY 13820
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
For immediate release
contact: Teresa Winchester, percyluna465@yahoo.com, 783.2064
Guideline to comment on SGEIS flaws created for public use
On Sept. 7, the New York State Department of Environmental Conservation released a revised draft of its Supplemental Generic Impact Statement, a document which will serve as a guideline for issuing permits for hydraulic fracturing, or fracking, should this drilling technique be ultimately allowed to take place in New York State.
A Wiki-page for commenting on the shortcomings of the GEIS has been created for public use by William Huston of Binghamton, who is lead editor of the page along with James "Chip" Northrup of Cooperstown. The site, which groups related items together, credits sources, provides a number of expert analyses, and identifies the major flaws of the SGEIS, may be accessed at http://tinyurl.com/2011SGEISFlaws.
The webpage contains contributions from parties in various fields of expertise, such as attorney Helen Slottje of the Community Environmental Legal Defense Foundation, which has educated on and advocated for municipal bans on fracking based on New York State Home Rule rights. Another contributor is Anthony Ingraffea, Dwight C. Baum Professor of Engineering at Cornell University. Ingraffea has lectured widely on the potential scale and scope of fracking and the state’s lack of preparedness for this drilling procedure to take place. Also featured are commentaries from Lou Allstadt, former Executive Vice President of Mobil Oil Corporation, Roger Downs, conservation program manager for Sierra Club-Atlantic Chapter, and other prominent opponents of fracking.
Northrup, who since 2010 has given many presentations on the flaws of the SGEIS, and wrote much of the commentary on the site, feels that the latest version of the SGEIS is not much improved over the original document, released in 2009, which, he also believes to have been seriously flawed.
“This generic approach to fracking allows the DEC to let matters slide from the outset. Our first and foremost comment is that there are no rules for horizontal hydrofracking in New York State," Northrup said. “If your town has no land use ordinance, the "regulations" of the SGEIS will be the only protection you have. As written, that will virtually insure that rural water wells, streams and ponds will be polluted by shale gas drilling,” Northrup writes on the site.
"The GEIS was out of date when it was published nine years ago. It was supposed to be reduced to a set of rules, but never was. We have no expectations that the current SGEIS will be turned into a set of rules either, since that would require the DEC to adhere to those rules. It simply does not have the staff and resources to do that,” he said.
Northrup urges residents to respond as soon as possible and to continue to send in additional responses. Sample responses are posted on this site; http://tinyurl.com/dSGEIS-Responses
Written public comment on the SGEIS will be accepted through the close of business December 12, 2011 by two methods only:
•Electronic submission using a web-based comment form available on DEC's website. This is the method preferred by the DEC; or
•Paper submission mailed or delivered to: Attn: dSGEIS Comments, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-6510. Name, address, and affiliation (if any) of the commenter are requested.
Due to the expected volume, comments that are faxed, telephoned, or emailed to the DEC will not be accepted for the official record. This is to ensure that all comments are captured properly and can be included during the review process.
Wiki-page creator Huston has edited various Wikis, including Sourcewatch, for eight years. He is also a board member of New York Residents Against Drilling (NYRAD) and has recorded dozens of shale gas-related events as a video producer for ShaleShockMedia.org. He may be contacted by email at WilliamAHuston@gmail.com or by phone: 607-321-7846.
James “Chip” Northr-up-date
Have updated the proposed Fracking Regulations wiki site here = http://tinyurl.com/FrackingRegulations
Most of the new regs, are under 560 Horizontal Hydrofracking
Which are already addressed here: http://tinyurl.com/dSGEIS-Response
Submit your online and snail mail response
As described here : http://www.youtube.com/watch?v=deNiK_nl1jQ
Needless to say, we want to "out respond" the frackers ten to one.
As they say in the biz, "daylights burnin' and rust never sleeps"
James Northrup
214 502 6464