Tag Archives: DSGEIS

Cuomo Fracks New York State with Irony and Disassociative Policy Disease


 

(BREAKING NEWS:  With so many promising initiatives outlined by the Governor in his State of the State Address,  it may seem like base cavilling to focus on a single issue like “fracking,” but my underlying assumption is that high-volume, high-pressure hydraulic fracturing is not the “problem.”   It is a symptom of the problem and it serves quite nicely to illustrate a corollary:  “If you partner with industry (especially the gas extraction industry) you will be forced to engage in tortured reasoning,  mad dashes left and right and a convoluted persecution of the laws that govern public Agencies.  (The  State Administrative Procedures Act ((SAPA), for instance,  figures heavily in an intent to sue notice prepared by David and Helen Slottje,  founding attorneys at Community Environmental Defense Council, Inc.  Last night, as this Breathing article was getting final edits,  the Slottjes wrote,  “…we will turn a version of this  [notice] into a formal petition to the State detailing why the regs and the draft SGEIS are illegal, demanding that the regs and the draft SGEIS be withdrawn, and placing the State on notice that suit will be brought if the demand is not honored.”)

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First, whether you are a pro-fracking or pro-Moratorium New Yorker,  when you searched the text of Governor Cuomo’s  State of the State Address for some variation of “frac,”  “fractured,”  “frack,”  or “frackturing,”  you were immediately rewarded with several instances of  “FRAC.”   Armed with a fresh cup of coffee or some sedative,  you prepared to delve into the convoluted shoals that are Cuomo’s  gas extraction policy.

And that’s where you encountered the first multi-layered irony.  During the past month, activists sent New York’s Department of Environmental Conservation (DEC)  more than 200,000 comments about the Agency’s  regs,   draft SGEIS,  its review process and lack of adherence to State law.  Many of those comments were submitted “under protest” and came on the heels of more than 60,000 submitted during the last round of dSGEIS comments.  But the “FRAC” in the Governor’s speech didn’t refer to gas, extraction or hydraulics.  It’s the Food Research and Action Center which studies accessibility to “affordable fresh fruits and vegetables” and the impact of that accessibility on health.  It is a notable initiative but kind of moot if New York’s  fertile foodsheds are fracked.

You settled in a little deeper and began to review the State of the State Address category-by-category.

Under the broad heading of “Economic Development,” Governor Cuomo  touted Tax-Free Hot Spots, Academics and Unemployment Insurance.  He announced, “The Adirondack Challenge, a national rafting and paddling competition…[that] will  focus the world’s attention on the unparalleled natural beauty and recreational opportunities of the Adirondacks to attract tourists to Upstate New York.”

That’s lovely for the Adirondack and Catskill Parks which are protected from fracking by the NYS Constitution, but how will tourists reach those oases if not via a scenic gas drilling byway?   Additionally, as Cuomo  plots to protect some areas of New York State as more worthy of conservation than others, the Adirondack Mountain Club has reminded him, “It is clear from Article XIV, section (3)(1) of the Constitution that the state cannot enter into a lease with any private corporation for the extraction of natural gas from any state forest or reforestation area located in the counties of Greene, Ulster, Sullivan, or Delaware counties.”

Uh oh.

The Governor spoke to the Economy of Tomorrow and laid out a plan to Make New York the Leader in the Clean Tech Economy. He pledged himself to the creation of a workforce capable of meeting the new demands of his 21st century model.

And he drew a special bead on Upstate Economic Development.  He connected the dots between poverty, food deprivation and a failure to thrive. He outlined a plan to bolster our farms and families by strengthening Farm to School Programs. (This is of especial importance to Sullivan County, NY which a recent Robert Woods Johnson Foundation report placed next to last for health factors of all New York State counties.)

The particular attention Cuomo paid to Upstate Economic Development may have set some heads to shaking. On one hand, he lauded the value of Upstate water and  soil resources – citing to them and our foodsheds as indispensable pieces of NY’s economic engine — while,  on the other,  his  SGEIS proposes to protect the NYC and Syracuse watersheds  and leave the Upper Delaware River Basin (and its organic farmers) to the mercy of inadequate setbacks. (Sec.  7.1.5:  Revised Draft SGEIS 2011,  page 7-55.)

For instance,

… as stated in sub-section 7.1.3, the Department proposes that for at least two years the surface disturbance associated with high-volume hydraulic fracturing, including well pad and associated road construction and operation, be prohibited within 500 feet of primary aquifers.

And,

… uncovered pits or open surface impoundments that could contain flowback water … are subject to a 300-foot separation distance from water wells under Appendix 5-B of the State Sanitary Code.  Flowback water tanks and additive containers … which require a 100-foot setback from water wells.  Handling and mixing of hydraulic fracturing additives onsite…requires a 150-foot distance from water wells.  The Department proposes that it will not issue well permits for high-volume hydraulic fracturing within 500 feet of a private water well or domestic-supply spring, unless waived by the landowner.

If those  “set-back mitigations” strike you as inadequate, then add this nugget to the sludge on your plate:  gas wells in New York State will be permitted within 150 feet of schools.

That’s right.  As Cuomo  outlined a broad range of education improvements with optimistic headings like,  more learning time,  full-time pre-k programs for highest needs students, better teachers, principals and evaluation systems — all excellent proposals —  his SGEIS will allow gas wells to be drilled within 150 feet of those excellent teachers, students, playgrounds, programs and classrooms.

No doubt,  Disassociative Policy Disorder strikes again.

Fighting Hunger in New York

Governor Cuomo has good reasons for envisioning a future-New York where our families are well-nourished by the bounty of our own organic farms. (New York farmers regularly lead the nation in produce donated to food banks and food pantries.  Just sayin’.)

In 2006,  NYS was home to “580 certified organic farms  with 68,864 acres in production.  In addition, there were more than 100 organic processors doing business in the State…”

Only two years later, the US Department of Agriculture reported that  NYS had grown to  827 organic farms and was ranked fourth in the nation as a result.   More,   NYS was second in the country with  319  organic dairy farms;  second to Wisconsin with 99 organic beef farms  and fifth for organic vegetable and melon farms with 190.  (Our $60.2 million dollars in organic milk sales for 2008 placed us fifth in the nation.)

The Governor even cited to  Bay Shore’s Farm to School Project, “Edible EastEnd, an innovative collaboration between Long Island’s Bay Shore Union Free School District, the New York State Department of Agriculture and Markets and Office of General Services, and Long Island potato farmers to increase service of Long Island potatoes in Long Island Schools)…”

And he pledged to create a Statewide Anti-Hunger Task Force with one goal being to increase “the use of New York farm products and healthy foods in anti-hunger programs.”

Yes, while painting a rosy picture of New York State’s schoolchildren being educated for the 21st century in a state fueled by sustainable industries and locally-grown food,  Cuomo’s SGEIS has determined that  many New York  schools and much of our vast foodshed will be left vulnerable to the dangers of crazily inadequate setbacks.

Worse, even if the setbacks seem a dandy solution to you, consider that you and the Governor have overlooked another threat to foodsheds in Upstate New York and the Upper Delaware River Basin:  migrating air pollution from the Hancock compressor,  the Millennium Pipeline and other components of the extraction industry.

Fingers crossed that if airborne contaminants endanger the Organic status of local Upstate NY farms, Vermont won’t charge much to  stock NY’s  school lunch programs.

Human Health

In addition to educating our children and feeding them more and healthier local food,  the Gov is determined that New York will Set the “Gold Standard” for Patient Care.

  • “The best way to improve the health of New Yorkers and to lower health care cost is to avoid preventable illness and the health care interventions they require,” he said.

He even devoted 7.5 typewritten pages to sepsis, “An overwhelming immune and inflammatory response to infection.”  He laid out an entire plan of attack to improve preventative care and to combat nosocomial infections. He was inventive and passionate.

He skipped over the fact that his SGEIS has been roundly decried by doctors, medical societies, nurses and epidemiologists for ignoring the cumulative impacts of gas extraction on human health.

He forgot to mention the plethora of reports coming in from the frontlines of Gasland about endocrine disruptions, immune system dysfunction and leukemia.

He ignored that gas extraction and production companies are exempt from revealing the toxins they use in their processes and that doctors are prohibited from telling injured patients the nature of the gas production toxins that have harmed them.

However, our governor made it clear that he intends to be a juggernaut when it comes to ensuring a fair Public Safety Policy that will open like a protective umbrella over all our heads.  He spoke about gun violence and ended with this,  “Some weapons are so dangerous and some ammunition devices so lethal that we simply cannot afford to continue selling them in our state.”

Yes, Governor Cuomo,  but perhaps there are industries and devices “so lethal that we simply cannot afford”  to welcome them into our communities, either.

I won’t belabor the Governor’s insistence that New York State must improve its reputation for cloaked dealings with lobbyists because one sentence drove all his remonstrations from my head,  “A public database will provide the fullest disclosure of lobbyist and other meetings with state officials in the country.”

Then why, oh why,  Governor Cuomo, did activists have to labor so hard to expose the fact that  Independent Oil and Gas Association  (industry lobbyist) worked hand-in-hand with  NY’s Department of Environmental Conservation to write our State’s gas extraction regulations?

The Governor also outlined a number of new Public Safety initiatives in response to the devastation wrought in New York State by Hurricane Sandy.  He described the NYS 2100 Commission and the importance of building “resiliency” into our “planning, protection and development approaches…”  He vowed to “reduce the emissions that contribute to our changing climate,”  to “increase alternative local renewable power sources,”  and to “provide assistance to property owners to mitigate or sell properties in vulnerable areas.”

Although the Gov is referring to homes damaged or obliterated by Hurricane Sandy,  the door he opens is intriguing.  Will those whose properties are damaged or destroyed by their neighbors’ fracking also be considered “vulnerable?”  Will those property owners also be helped to relocate?  Will they be helped to find a new and better quality of life? Will our organic farmers be rewarded with new  sources of clean water and soil?

And when Cuomo says that,  “Much of New York’s infrastructure is aging and susceptible to damage from extreme weather events or seismic threats,”  is he planning to replace bridges,  roads, and neighborhoods impacted by frack-created earthquakes?

Or when he admits that, “there are miles of aging [ gas] pipeline[s] that are prone to leakage and vulnerable to storm damage (and ground movement) [in New York State],”   does he intend to hire hundreds of new DEC field agents to police, test and enforce remediation of those leaks?  Or will citizens be detailed to stand on either side of the pipes to hold them in place as they rock to the beat of seismic drums?

And when he says we need to “strengthen our wastewater infrastructure” because, “Flooding and storm surges from Lee, Irene, and Sandy resulted in hundreds of millions of dollars of damage to waste water treatment plants and the release of hundreds of millions of gallons of raw and undertreated sewage,”  is he considering just how toxic the stew would be with Marcellus Shale’s radioactive materials added to the mix?

Or does he believe that his newly-minted  World-Class Emergency Response Network —  like All the King’s Horses and All the King’s Men —   will simply put New York  back together again after the extraction industry has bedded, fracked us, and moved on?

 

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Additional Links, Resources and Citations:

“Ecosystem resilience is the capacity of an ecosystem to tolerate disturbance without collapsing into a qualitatively different state that is controlled by a different set of processes. A resilient ecosystem can withstand shocks and rebuild itself when necessary. Resilience in social systems has the added capacity of humans to anticipate and plan for the future. Humans are part of the natural world. We depend on ecological systems for our survival and we continuously impact the ecosystems in which we live from the local to global scale. Resilience is a property of these linked social-ecological systems (SES). “Resilience” as applied to ecosystems, or to integrated systems of people and the natural environment, has three defining characteristics:

• The amount of change the system can undergo and still retain the same controls on function and structure
• The degree to which the system is capable of self-organization
• The ability to build and increase the capacity for learning and adaptation”

Source: The Resilience Alliance Website

 

As part of  Governor Cuomo’s  plan to “Harden Our Utilities,”  he wants the following NYS Public Service Commission (PSC) recommendations adopted as soon as possible.  It sounds dandy, actually.  Too bad  these initiatives don’t extend to the Department of Environmental Conservation or the gas extractors that Agency is mandated  to regulate.

  • The PSC will be statutorily authorized to levy administrative penalties against each utility for violations of PSC orders and regulations or upon a finding that such utility has failed to provide safe and adequate service under a “reasonable business” standard (comparable to the prudence standard). The size of the potential penalties will be increased, and provisions will be adopted to ensure that the penalties are paid out of shareholder capital and not passed on to ratepayers.
  • The PSC will be authorized to issue an order that directs a utility to comply with recommendations made pursuant to management and operations audits.
  • The PSC will recommence operational audits at least every five years as currently required under the Public Service Law.
  • To implement the strengthened auditing functions of the PSC, consideration will be given to having a dedicated auditing unit to help ensure that the PSC is well-situated to fully exercise its statutory authority and perform both management and operational audits.
  • Consideration will also be given to creating a dedicated unit for investigating and enforcing utility compliance with PSC orders and recommendations and with utility tariffs.
  • Statutory changes should be considered to explicitly authorize the PSC to formally review the performance of each of the Investor-Owned Utilities to provide safe and adequate service, and order appropriate relief including divestiture of some or all of a utility’s assets, subject to both due process standards and the need for continuity of service. To ensure compliance with the recommendations put forth by the PSC after a review, the Commission also recommends the clear establishment of the PSC’s authority to revoke the Certificate of Public Convenience and Necessity.
  • DPS staffing and budgetary levels will be reviewed to ensure they are sufficient to carry out the newly-designed core functions of the PSC, and procedures should be reviewed to ensure cross-training of the existing workforce, implementation of performance management standards and technology upgrades. Given the substantial retirements at DPS in recent years, the agency currently is not staffed to the level authorized in the FY 2012-13 budget of 524 full-time employees (FTE). Based upon the additional mandates that the Commission recommends, the DPS staffing authorization will be maintained in the FY 2013-14 budget and DPS will recruit and hire up to the 524 FTE allotment to assist in implementation and enforcement of the new mandates.
  • Similar to Sarbanes Oxley where CEOs need to certify the validity of their financial statements, consideration will be given to requiring senior officers of each utility to annually certify to the PSC that the utility is acting in compliance with all applicable State laws, rules, regulations, orders, and procedures, including the statutory requirement to provide safe and adequate service.
  • All appointees to the PSC will have demonstrated competence in some aspect of utility regulation as well as a concern for the public well-being.

Sullivan County Legislator David Sager vs. “Goliath” John Bonacic?


Before   Sullivan County Legislator,  Dr. David Sager,  (District 1)  took the podium  at his press conference this afternoon,  he arranged a pair of yellow and blue campaign signs on either side of the podium.  The signs proclaimed,  “Sager  for State Senate. No nonsense. Honest Leadership.”

Literally, the  announcement may  change the face of  NYS Senate District 42.

Not only did Sager  announced his intention to  challenge long-time incumbent Republican John Bonacic, but   he will do it as a Democrat.

Sullivan County Democratic Chair, Steve Wilkinson,   introduced Dr. Sager and welcomed   Delaware County’s  Democratic  Chairwoman Cindy Lockrow-Schimmerling and various other Democratic Party notables.

“I’d like to address the large elephant in the room,”  Mr. Wilkinson began.  “David  is changing his  political affiliation from Republican to Democrat.  This is not an opportunistic change but a a philosophical change,”  Mr. Wilkinson  continued to loud applause.   “To borrow from Winston Churchill,  ‘There’s nothing  wrong with change as long as it’s in the right direction.’  Democrats wholeheartedly welcome David to the Democratic Party. For too long  the New York State Senate has been the log jam to realizing change in New York. It has been mired in its own personal politics.”

Obviously, it  was not just any elephant Mr. Wilkinson was talking about.  Dr. Sager has held his  Sullivan County Legislative seat as a Republican.  In order for him to face Bonacic as a Democrat  in a  General Election,  he must get the nod from the  Democratic Chairs of the four  counties  which  comprise District 42:  Sullivan,  Ulster, Delaware and  a piece of Orange.

Ulster  County Legislator, Susan Zimet  (D, District 10)  campaigned against John Bonacic in 2006.  Although her effort fell short by roughly 12,000 votes,  it was a strong showing against the then-16-year incumbent. (Bonacic first became a member of the New York State Assembly in  1990 and has served in the NYS Senate since 1998.)  Zimet’s  2006 campaign website is still  up and available for viewing here.

Dr. Sager’s opening remarks  perhaps signaled  the tone he hopes to strike during the upcoming campaign.  “During the course of my service on the Sullivan County Legislature,  I have been honest and passionate. I have not been afraid of issues that were unpopular or complex.  If you liked me as a Republican, you will like me even more as a Democrat.  I will contuinue to champion fair and just causes and it won’t  matter to me if an idea is Republican or Democratic as long as it’s a good idea.  After  years of consideration,  I have changed my party enrollment and  have done so in good conscience.   I still stand  for fiscally  responsible and accountable government but my social views have evolved and are more in concert with core Democratic Party values.”

Taking on some who have criticized him  for  verbal  gaffs,  Sager said,  smiling at  The Times-Herald Record’s reporter,   “I have a reputation for having a  salty tongue — per The Times-Herald Record.  I will continue to be candid and fight for what’s  right. I will put the people first. Our state government is broken…and our current State  Senator is a long-time part of the problem. Unfunded state mandates have crippled  local governments and placed the burden on local taxpayers.”

“State Senator Bonacic  advocates for unfettered gas drilling.  I want a society and  government that asks at what price do we support industrial development that is potentially lethal to us  all.    At what point do we say no to large corporations who put their profits  first?   Gas drilling must be safe, legal, economically beneficial to all and subject  to local controls. We must take a hard look at a comprehensive  Environmental Protection Agency  study of gas drilling.  We must  support the Englebright bill which will institute a drilling moratorium in New York State until 120 days after the EPA releases the results of its study.   It’s a simple, sensible bill.  We can  wait for the science. We have a responsibility to provide safe drinking water to our children and families…. Safe drinking water is a right not a privilege.  Senator Bonacic  has been misguided [about gas drilling] while  I have been demanding a rational approach.  There must be a return to  local control. ‘Drill,  baby,  drill’  is a slogan not a policy.”

At a recent County Legislature meeting, Dr. Sager said  that the drilling issue  should not pit  farmers against non-farmers.  “It’s not an agricultural issue.  It’s about the industrialization of New York.”

“We must ask,  ‘Will the growth we advocate be sustainable?  How will  New York State and  District 42 grow?’  The 42nd District is in the process of becoming an important economic link to New York City  —  an important link to  a  sustainable lifestyle —  industrially, personally and agriculturally.”

On other topics, Dr. Sager  reminded the audience,  “I have sponsored sweeping and meaningful ethics reform for Sullivan County and  I will be at the head of it in New York State.”

“I will champion property tax reform and will be joining  Sullivan County Treasurer, Ira Cohen,  in  continuing to  review  tax exempt policies.  Large tracts of land and living complexes end up off  the tax rolls.  People cannot continue to vacation in the 42nd district for free.”

“I will fight for our schools, teachers and students so students can afford the college education they need and I’m determined to ensure our region has  the  infrastructure it will need  to benefit small businesses.”

“I’m going to need your help.  We need people who passionately support our cause. We need volunteers who will go door-to-door.  Please contact us at:  sagerforsenator@gmail.com until we get our website up and running which will be very soon.”

After his prepared remarks, Breathing asked Dr.  Sager  what he had to  say about local drilling issues and ethics reform.

“The county is in the  process, because of  my fierce prodding, of completely re-doing  our ethics policy.   As to drilling, I have not taken an anti  approach but there has been a general and blind pursuit of drilling without a necessary analysis of the science.  DEC’s  [NYS Department of Environmental Conservation] employees have  said the draft Supplemental Generic Impact Study is seriously flawed and no local official should be questioning that statement.”

Dr. Sager was also asked  how changing his  political party affiliation will affect his status with the Sullivan County Legislature.   “I’ve got a great working relationship with Jonathan [Rouis] and Woody [Elwin Wood]. I intend to caucus as a Democrat.”

A member of the  public  asked,  “Are you going to support green technology that  will help us avoid dependence on  Middle East  oil?”  and Dr. Sager reiterated,  “I want to turn the 42nd District into an area that promotes green technology. It’s how we’re going to grow our area.”

When Breathing asked a Sager supporter about  the candidate’s “salty tongue” remark,  the long-time patient of   “Dr. Dave”  said,  “Does he step in it sometimes?  Yeah.  He’s a passionate guy.  He’s not always smooth but that’s why I like him.  He does his homework and doesn’t have a lot of patience for  political games.”

For information on the amounts of money  NYS Senator Bonacic has raised in the past,  comprehensive postings have been made available  FROM PROJECT VOTE SMART and FROM THE DAILY KOS. Dr. Sager should hold on to his hat because both sites have published campaign war chest  figures for the Senator  in the $700,000 range.

NYS Drilling Moratorium : Aileen Gunther


During the month of March, many residents of New York State were asked to contact their State Representatives about several pieces of proposed legislation having to do with hydraulic fracturing:

  • A10088 which prohibits “on-site storage of flowback water.”   (After toxic hydraulic fracturing fluid is injected into the shale bed,  15-40% of the toxic soup is recovered as “flowback water”  and is frequently stored in open pits at the fracking site.  60-85% of  the injected fluid is left in the shale bed.);
  • A10090 which prohibits the “disposal of drill cuttings at the drilling site.”  (Drill cuttings are the primarily solid pieces generated as the drill bores through the earth.  For those familiar with wood or metal drills,  think of the shavings created as the drill rotates and penetrates a  2 x  4 or metal bar. During hydraulic fracturing, drills bore thousands of feet.  The resultant “cuttings”  are composed of  NORMs (Naturally  Occurring Radioactive Materials) and other toxins which, according to  New York’s Department of Environmental Conservation (DEC) qualifies  them as  “hazardous waste.”  In justifying the  need for A10090,  its sponsors state, “In their hearing testimony, the United States Geological Survey (USGS) indicated that a multiple horizontal well site will generate 100 to 500 times the volume of cuttings generated at a vertical well site. More importantly, the Marcellus formation has been shown to be high in pyrite. Oxidation and leaching of pyretic shale produces Acid Mine Discharge (AMD) which can lead to significant water impairments. Unfortunately, in the Draft Supplemental Generic Environmental Impact Statement (dSGEIS), the Department of Environmental Conservation proposes to prohibit only the on-site disposal of cuttings contaminated with drilling mud.”
  • A10091 which would require “the disclosure of hydraulic fracturing fluids; and, *[prohibit] the use of hydraulic fracturing fluids containing chemicals that pose a risk to human health including, but not limited to, fluids that are persistent, bioaccumulative and toxic (as defined by the EPA) or are known mutagens. Effects of Present Law Which This Bill Would Alter: Amends section 23-0305 (8)(d) of the Environmental Conservation Law.”
  • A10092 which  “Requires an environmental impact statement to be prepared for any natural gas or oil drilling involving the use of hydraulic fracturing fluid.”
  • A08784 which “Requires permit holders to test groundwater prior to and after drilling wells for oil and natural gas.”
  • A9414 which “Establishes the natural gas exploration and extraction liability act of 2010.”  (Of the initiative,  Catskill Citizens for Safe Energy has said, “This bill would not apply to the million and a half acres already leased in New York State and for that reason we think it needs to be amended.”)

On April 5, 2010,  Breathing received the following note from Aileen Gunther  (Assembly District 98) “A new bill has been introduced (A10490) by Assemblyman Englebright to establish a moratorium on conducting hydraulic fracturing for the extraction of natural gas or oil until 120 days after the Federal EPA issues their report on the effects of fracking on water quality and public health. I am a co-sponsor of this bill.  I am hearing positive response from individuals and groups regarding this newly introduced legislation.   Although I have not officially signed on as a sponsor of many of the bills you reference, I do support the bills and will support them when they come before the EnCon [Environmental Conservation] committee or to the floor.”  (Bold added for emphasis.)

Although some activists who support a total moratorium have questioned  A10490’s  120-day limit, others believe it’s a middle-of-the-road position — neither obstructing nor approving hydraulic fracturing until a comprehensive study of its effects is completed.  In the past,  the  Environmental Protection Agency (EPA) found many faults with NYS DEC’s draft Supplemental Generic Environmental Impact Statement   (dSGEIS).   Currently, completion and submission  of the dSGEIS is the basis of   New York’s  de facto moratorium. Obviously, A10490 would extend that moratorium  until the completion of EPA’s  “comprehensive research study.”

For  more information concerning the status of the proposed legislation in this article or to contact Ms. Gunther, please follow the supplied-links.  To find your New York State Legislators and to let them know how you feel about the legislation,  please visit the New York State Assembly and/or Senate pages.

As  readers of Breathing Is Political’s “Inverse Condemnation” article  may remember,  NYS Senator John Bonacic has staked a  position on hydraulic fracturing which is different than Ms. Gunther’s and although that position is  protective of lessors,  it does not address the larger issues of human and environmental health.

Coming next:  Local conflicts of interests and incorporating  the above-legislative initiatives into Town and County Board resolutions.

Gas Drilling : New York State Moratorium


I’ve noticed a recurrence in visits from people who are reaching Breathing Is Political because they’re searching for information about a “moratorium in New York State.”

To clarify,  New York is functioning under a  de facto moratorium until the State is satisfied with  the Department of Environmental Conservation’s draft Supplemental Generic Environmental Impact Statement (dSGEIS) on drilling/hydraulic fracturing.  If and when that statement is accepted as the definitive guideline for drilling oversight and enforcement in NYS,  it is generally accepted or feared  that the  “moratorium” will come to an end and drilling in NYS will commence.

An excellent response has been written to the dSGEIS by Dr. Ron Bishop and I’m hoping to have his permission to publish it at Breathing by tomorrow or the next day.

DEC Holds Drilling Hearing at Sullivan County Community College


The  NYS Department of Environmental Conservation (DEC) held one of only four  state-wide Hearings on  drilling and hydraulic fracturing at Sullivan County Community College on October 28, 2009.

The vast majority of the standing-room-only crowd was opposed to drilling in New York State.

Few or none  of the opponents drew a distinction between drilling in a watershed or anywhere else.

Most or all  asked for additional  time so the public can read and  comment knowledgeably on the DEC’s  800+ page  “Draft Supplemental Generic Environmental Impact Statement on Gas and Oil Drilling in New York State.” (DSGEIS)

They asked that  several  more public hearings be scheduled throughout the state because some had driven three or more hours to attend last night. (Note:  When I left at 11:00 PM, the meeting was still going on.)

Several local highway superintendents described their local roads as  “substandard”  and worried about the damage that will be wreaked by the enormous volume of truck traffic  necessary to drilling.  Uniformly,  they asked that the DEC inform local municipalities when each drilling application is made so that Road Use Agreements can be drafted in a timely fashion and so that control of local road use will reside with the towns.

Town Supervisors reiterated what the Superintendents said and went further.  Jim Scheutzow (Town of Delaware) said,  “We need the gas companies to step up.  We  don’t have the resources to  take care of the  roads.”

Jim Greier (Town of Fremont) laid out the specifics,  “We have  1391 people,   84  miles of town roads,  16.8 miles of county road, one gas station, two bars and no extra funds  for repairing roads that are damaged by extra heavy trucks.”

One Building Inspector, citing to the lack of local  prerogatives,  raised a point that’s bothered drilling opponents from the beginning,  “No drilling company’s come to me for a permit.”

Perhaps the greatest applause was saved for Luiz Aragon, Sullivan County’s Planning Commissioner and Maria Grimaldi, a tireless advocate for  a sustainable local ecology and economy.

“Despite DEC’s efforts,” said Mr. Aragon,  “many citizens remain concerned by  DSGEIS on many issues.  I respectfully request that the cumulative impacts and socioeconomic concerns be fully-addressed.”  He included, amongst others,  the impacts on municipal infrastructure,  standards of notification,  safety to muncipalities, protection of aquifers and  the overall health and welfare of our communities.

They were not empty words.  Referencing the Sullivan County Legislature, Mr. Aragon called attention to  the potential for drilling in flood plains and called the body of legislation salient to environmental protection, “inconsistent.”   After listing  several recent accidents and incidents of contamination by the drilling industry,   the County Planning Commissioner called for bans on open pit  storage and drilling in all flood plain zones.  He urged the DEC to add a requirement  that the contents and composition of frac fluids be posted at  drilling  sites and with emergency responders.  “Our County remains concerned that municipalities must be permitted to issue  local laws without fear of lawsuits.  The cumulative impacts of  pipelines and compressors will be huge.   It is unclear that mitigation can be effected if contamination of ground water occurs.”

When Maria Grimaldi said,   “The DEC’s  DSGEIS  seems to be enabling an industry that is not compatible with  protecting our environment,”  the crowd roared approval.  Her follow through was received even more noisily, “I’m concerned about conflicts of interest between state  governments  and  the gas drilling industry. Where did the information come from for the DSGEIS and  who was consulted?  We should require that no  high level   public servants can work for the gas companies  for four years after leaving public service…. How  will we be  protected by accidents that inevitably happen?  There have been  failures in eight  states with human error being the  leading cause  of systemic failures.”

On and on, opponents  stepped to the podium.  They asked for a clear delineation of  responsibility  for oversight of drilling practices and  enforcement of  regulations,  “What will happen when there’s an accident?  Who will respond?  How will the rights of  residents who didn’t sign leases be protected when their wells are contaminated?  How can we test our wells  [when they’re contaminated] if we aren’t allowed to see a list of the chemicals the industry used?  How can we  prove liability and recoup  our lost property values?”

Some worried that DEC regulations do not prevent the drilling industry from drawing down our groundwater supplies but the umbrella concern remains this,  the DEC’s  Draft Supplemental Generic Environmental Impact Statement admits that it does not review the cumulative  environmental and socio-economic impacts of drilling.

Most opponents demanded  a halt to drilling,  calling it  a dangerous activity while citing to groundwater, human, flora, fauna and soil poisonings from Pavilion, Wyoming to Dimock, Pennsylvania.    One speaker referred to The  Precautionary Principle,  “Let the industry prove, within the context of  the wholesale destruction of an entire ecosystem [Dunkard Creek], that their technology is  safe.”

Members of the audience who want us  to “Drill, Baby, Drill”  included representatives of  IOGA-NY (Independent Oil and Gas Association lobbying group),  Noel Van Swol (Sullivan-Delaware Property Owners’ Association), Chesapeake Energy and David Jones (Owner, Kittatinny Canoes).

The Chesapeake representative stated, “Banning drilling anywhere would be inappropriate.”

The IOGA-NY  industrial spokesperson objected to  the DEC’s  DSGEIS,  “It  goes   too far and puts   us at an  economic disadvantage  compared to PA.   Many companies will walk away from exploiting the   Marcellus Shale   if the DEC continues to  move so slowly.”

Mr. Van Swoel claimed that,  “Ten percent of Sullivan County Land is under lease” and then quoted Newt Gingrich, “We should let the industry drill down.”

Opinion:

Last night  was  my third public meeting on the subject of drilling  and I salute those who’ve attended regularly for the past two years.  I don’t know how you do it.

Breathing is dedicated to an open forum;  not because I’m particularly nice, but because I believe  our world is on numerous brinks and  I’d like to help steady rather than destabilize it.

Last night I had to face the truth: I’m divided against myself.   The  lies and drivel that were uttered last evening by “Drill Now!” proponents   left me quivering.  My stomach was so roiled by  contained outrage that  vomiting was an imminent worry.

I wanted to listen politely.  I wanted to hear their words  in silence.  I wanted to find any points of agreement because I want to save our land and spend my days  building a sustainable local community.

Instead, drilling proponents made baseless assertions about safe practices and   denied that accidents have occurred or that lives and livelihoods have been destroyed by fracking poisons. They lied about the types of chemicals used and turned aside questions about  industry liability when contamination inevitably occurs.

As already covered by Breathing, nobody seriously believes the drilling industry will “walk away” from the brilliantly lucrative prospect of the Marcellus Shale.

IOGA-NY’s insistence  that the  DEC’s Draft Supplemental Generic Environmental Impact Statement on Gas and Oil Driling goes too far is inconsistent with the DEC’s own recognition that the DSGEIS ignores the cumulative impacts of drilling on our entire ecology.

Nobody in a position of policy-making (including the drilling companies) have answered  the real questions:

  • Why did it take Pennsylvania’s Department of Environmental Protection nearly three weeks to close down Cabot-Halliburton when the Dunkard Creek ecosystem was destroyed?
  • Who funded the Penn State study that touted the economic benefits of drilling in Pennsylvania?
  • Who will oversee drilling and fracking?
  • Who will enforce the already flimsy regulations?
  • How will people know what’s contaminated their water if  they aren’t allowed to know the nature and composition of drilling chemicals being used?
  • Who will clean up the mess when  inevitable accidents happen?
  • Who will make the residents of Fort Worth, TX,  Dimock, PA, Pavilion, WY and New York State  whole for the loss of their water and property values?
  • What will we drink or use to grow our food when the water’s destroyed or requires  remedial interventions that nobody has been able to describe because they simply don’t exist?

Wes Gillingham of the Catskill Mountainkeeper has been to nearly all the meetings.  He’s knowledgeable about the issues and the land.  I echo his words from last night,  “I’ve tried to be patient.  I’ve tried to weigh all sides.”

But here’s my truth:  “Civility” does not require me to be silent in a packed hall when industrial interests are shoving the rape of my world down my throat.  “Civility” does not require me to listen politely to greedy lies.  Nor does “civility” require that I acquiesce sweetly to an  industrial oligarchy.

More importantly,  Justice requires  that the money lenders  be “driven from the Temple.”