NYS Fracking Update

[byronfishpaw]

Yea!!!

Link to NY DEC press release:

www.health.ny.gov/press/releases/2014/2014-12-17_fracking_report.htm

The money shot: Dr. Zucker announced his findings and recommendations today at a Cabinet Meeting in Albany.

"I have considered all of the data and find significant questions and risks to public health which as of yet are unanswered," said Dr. Zucker. "I think it would be reckless to proceed in New York until more authoritative research is done. I asked myself, 'would I let my family live in a community with fracking?' The answer is no. I therefore cannot recommend anyone else's family to live in such a community either."

and

"The risks substantially outweigh any potential economic benefits of HVHF. Considering the research, public comments, relevant studies, Dr. Zucker's report and the enormous record DEC has amassed on this issue, I have directed my staff to complete the final SGEIS. Once that is complete, I will prohibit high-volume hydraulic fracturing in New York State at this time."

[SteveKowalski]

BANNED!!!
thanks Andy, buddy

[K_Bruce aka Phisherman]

For once our state has made the right choice!!!

[chucklarsen]

Yes but what about all the lost jobs in those economically repressed areas? Funny how some "fair and balanced" news reports put that spin on it. Guess they don't have to drink the water! But I guess they already drank the kool aid.

[jeffraz]

Man is the only animal that shits in his own nest. With a polluted nest man gets ill and can't work anyway. Check that, he can still work, but a poisoned environment trumps a job. Our health and natural resources are more critical over the long term. Bravo, NYS...you finally listened to the masses.

[byronfishpaw]

XTO Energy, Inc. (Exxon) to Restore Areas Damaged by Natural Gas Extraction (fracking) Activities

Complete EPA press release here: www2.epa.gov/enforcement/xto-energy-inc-settlement-2014

A few excerpts from the press release:

The U.S. Environmental Protection Agency (EPA) and the Department of Justice (DOJ) announced today that XTO Energy, Inc. (XTO), a subsidiary of ExxonMobil and the nation’s largest holder of natural gas reserves, will spend an estimated $3 million to restore eight sites damaged by unauthorized discharges of fill material into streams and wetlands in connection with hydraulic fracturing operations. XTO will also implement a comprehensive plan to comply with federal and state water protection laws at the company’s West Virginia oil and gas extraction facilities that use horizontal drilling methods.

The company will also pay a civil penalty of $2.3 million for violations of Section 404 of the Clean Water Act (CWA), which prohibits the filling or damming of wetlands, rivers, streams, and other waters of the United States without a permit from the U.S. Army Corps of Engineers (Corps). The settlement resolves alleged violations of state law asserted by the West Virginia Department of Environmental Protection (WVDEP). The state of West Virginia is a co-plaintiff in the settlement and will receive half of the $2.3 million civil penalty.

"This settlement will resolve allegations that XTO damaged wetlands and streams by illegally discharging dredge and fill materials into streams, and restore wherever possible these damaged natural resources.”

The company impacted streams and discharged sand, dirt, rocks and other fill material into streams and wetlands without a federal permit in order to construct well pads, road crossings, freshwater pits, and other facilities related to natural gas extraction. Today’s settlement resolves the alleged violations that occurred at eight sites located in the West Virginia counties of Harrison, Marion and Upshur.

The settlement requires the company to fully restore the wetlands and streams wherever feasible, monitor the restored sites to assure the success of the restoration, and implement a comprehensive compliance program to ensure future compliance with the CWA and applicable state law.

Back in July 2013, the United States concluded a settlement with XTO to resolve an alleged violation of the Clean Water Act related to the discharge of wastewater from XTO’s Penn Township, Lycoming County, Pa., facility used for the storage of wastewater generated by hydraulic fracturing operations.

XTO engages in the exploration and production of natural gas in the Appalachian Basin. The company has Marcellus Shale holdings in Pennsylvania, New York, Ohio and West Virginia.

[byronfishpaw]

Per Mr. Walter Hang at Toxics Targeting it appears that NY may NOT be prohibiting fracking after all. See details below.

Take action: If you agree that fracking should be prohibited in NY please call Governor Cuomo's office 518-474-8390.

If you want to email www.governor.ny.gov/contact

When you call, you will hear a recording. You can press 2 to leave a message or press 3 to speak with a live person. Either option is fine.

If you only want to make one request, ask for public participation.

"I respectfully request Public Notice, Review and Comment about the scope of any FINAL SGEIS BEFORE IT IS PROPOSED FOR ADOPTION."

The second request is also very important:

"I want to know if shale fracking would be permanently prohibited and exactly how your administration proposes to enforce the Public Health Review's key recommendation in any Final SGEIS:

The details:

A Final Supplemental Generic Environmental Impact Statement (SGEIS) might be adopted any day which would permit future shale fracking in New York. I implore you to take immediate action to make sure that our state is permanently protected from shale fracking.

When the Department of Health's Public Health Review recommended on 12/17/14 that shale fracking "should not proceed in New York," environmental groups and media outlets declared that shale fracking had been "banned." As a result, the public was led to believe that shale fracking had been permanently prohibited in our state.

That is absolutely not true based on either the recommendations in the Public Health Review or subsequent statements by Environmental Conservation Commissioner Joe Martens.

Please note that by definition the word "ban" does not necessarily mean a permanent prohibition. A "ban" can refer to a prohibition of any duration.

At a joint legislative budget hearing on 1/28/15 Commissioner Martens reportedly said the Cuomo administration's prohibition decision could be "revisited at any time (emphasis added) when new or significant information comes to light."

The Commissioner also said “I don’t think it’s going to be revisited in the near term...," but his assurances are meaningless because events could change in the blink of an eye.

Most telling of all, Governor Cuomo failed to respond to our 3/16/15 coalition letter which requests that he clarify whether a Final SGEIS would permanently prohibit shale fracking in New York. The implications of Andrew Cuomo's silence should be unmistakable to all Fractivists.

[byronfishpaw]

Oklahoma Recognizes Role of Drilling in Earthquakes.

Deep well disposal of fracking fluid is causing earthquakes


www.nytimes.com/2015/04/22/us/oklahoma-acknowledges-wastewater-from-oil-and-gas-wells-as-major-cause-of-quakes.html?hp&action=click&pgtype=Homepage&module=second-column-region®ion=top-news&WT.nav=top-news&_r=0

[byronfishpaw]

The latest...

On Friday April 24th, Susan Arbetter of Capitol Pressroom resolved any uncertainty about what lies ahead by closely questioning Department of Environmental Conservation (DEC) Commissioner Martens. She said to the Commissioner: "Activists were thrilled when they heard about the ban, but some of those same activists are looking for a permanent ban. Is there a permanent ban in the Final SGEIS?"

Commissioner Martens responded: "Ah, um, well it is, it's permanent until it changes." You can hear all of the Commissioner's comments at 3:12 of the interview: www.wcny.org/cpr042415/

Link to Urgent Action Guide: toxicstargeting.com/MarcellusShale/documents/2015-04-27/urgent-action-guide

Do it.

[byronfishpaw]

Critically Important help needed!!

From Toxics targeting:

After nearly seven years, the New York State Department of Environmental Conservation (DEC) released its Final Supplemental Generic Environmental Impact Statement (SGEIS) on 5-13-15.

It states that DEC "would use the 1992 GEIS (Generic Environmental Impact Statement) and the Final SGEIS in reviewing applications to conduct high-volume hydraulic fracturing shale fracking operations in New York State if high-volume hydraulic fracturing were authorized (emphasis added)."

I write today to request that you sign a new coalition letter to make sure that shale fracking is never authorized in our state.
Link to sign letter:

toxicstargeting.com/MarcellusShale/letters/2015/5/15/coalition-letter-cuomo-final-sgeis-findings-statement-requests

Please also Call Governor Cuomo today at 518 474 8390. You will hear a recording. Press 2 to leave a message or press 3 to speak with a live person. Either option is fine.
State very respectfully that you request DEC's Findings Statement to:

A. Implement the No - Action Alternative in the Final SGEIS: "The denial of permits to develop the Marcellus Shale and other low-permeability gas reservoirs by horizontal drilling and high-volume hydraulic fracturing."

B. Implement Department of Health's key policy recommendation:"Until the science provides sufficient information to determine the level of risk to public health from HVHF [high-volume hydraulic fracturing] to all New Yorkers and whether the risks can be adequately managed, DOH recommends that HVHF should not proceed in NYS."

C. Require that DEC's final decision in this matter cannot be revisited without conducting a new State Environmental Quality Review.

These three requests could permanently prohibit shale fracking in New York and make it extremely onerous for DEC to revisit the decision that we have worked so long and hard to achieve.

The details:

In no sooner than nine days, DEC reportedly plans to issue a "Findings Statement" and render a final decision in this matter. That would end the SGEIS proceeding begun in 2008.

The Final SGEIS contains three action alternatives:

1) "The denial of permits to develop the Marcellus Shale and other low-permeability gas reservoirs by horizontal drilling and high-volume hydraulic fracturing (No - action alternative);"

2) "The use of a phased-permitting approach to developing the Marcellus Shale and other low-permeability gas reservoirs, including consideration of limiting and/or restricting resource development in designated areas; and

3) "The required use of 'green' or non-chemical fracturing technologies and additives."

The Findings Statement would not necessarily be limited to these three action alternatives and could include almost anything.

The Findings Statement could be strong, weak or something in-between even though the Cuomo administration declared on 12/17/14 that "....HVHF [high-volume hydraulic fracturing] should not proceed in NYS."

Once a "Findings Statement" is issued and a final decision is rendered, the proceeding would be ended and very likely could not be revisited without conducting another State Environmental Quality Review (SEQR).

However, there is at least a theoretical legal possibility that any final decision could be revisited by issuing a "Supplemental" Findings Statement. While that is unlikely, we must try to make sure that does not happen.

More detail on the Toxics Targeting site:

toxicstargeting.com/MarcellusShale/alerts/2015-05-15/urgent-shale-fracking-action