December 17, 2009

Bureau of Oil & Gas Regulation

Attn: dSGEIS Comments

NYSDEC Division of Mineral Resources

625 Broadway, Third Floor

Albany, NY 12233-6500

 

Dear Mr. Dahl,

On December 14, 2009, the board of the Town of Tompkins in Delaware County, NY, unanimously endorsed the letter from Town of Tompkins resident Stephen Dungan (originally written and sent to Governor Paterson), and joins with him in calling for “a one year minimum continuation of the statewide moratorium on gas drilling and high volume hydrofracturing, until such time as the document can be rewritten to provide adequate protections to the environment and the citizens of the State.”

 

What follows is Mr. Dungan’s letter.

 

December 2, 2009

Dear Governor Paterson,                

I implore you to withdraw the DEC Draft SGEIS on Horizontal Gas Drilling, High Volume Hyrofracturing and Production and declare a one year minimum continuation of the statewide moratorium on gas drilling and high volume hydrofracturing, until such time as the document can be rewritten to provide adequate protections to the environment and the citizens of the State.  As presented, the DSGEIS fails to adequately address numerous aspects that would provide those protections.

Before any drilling and production may commence, you must direct the Commissioner of DEC to completely rewrite the DSGEIS and require that it includes and details: 

    Fully adequate environmental and community safeguards taking into account cumulative impacts of this type of drilling, hyrofracturing and gas production. There must be a clear plan for fully assessing and mitigating the cumulative impacts of gas drilling and extraction on water, air, land use and values, forests, plants, animals, people and community character

    A clear plan for DEC inclusion and collaboration of local government and communities in reviewing all aspects of gas drilling and production including location and density of all drilling pads and bores, central storage and support facilities, compressor stations, pipelines, etc.

    A ban gas well drilling in the floodplain

    The final SGEIS must require that gas companies adhere to all requirements of  Federal Clean Water and Air Legislation

    A complete ban on the use of any known toxic chemicals in fracking fluids

    A clear plan with specified limitations and community safeguards for any and all water withdrawals that protects and prevents depletion of local water sources, public and private

    A clear plan, requirements and gas company liability for handling,  storing, tracking, transporting and processing  all waste including any drilling and fracking fluid materials, and all toxic chemicals, gases, minerals and radiation  produced or released in the process, with clear protocols for each

    A clear plan and requirements for fully protecting all aquifers, public and private drinking water sources and required pre drilling and ongoing test well monitoring at each well site and along all horizontal bores as well as pre and ongoing testing of any public or private water sources within one mile of well sites and bores.

    Clearly specified gas company financial responsibility for all water source monitoring with DEC responsibility to conduct all monitoring or oversee independent contracting of it

    A clear plan and requirements for preventing any and all releases of toxic gases into the air including gas company responsibility for collecting and appropriately processing any and all gases produced during all phases drilling, hydrofracturing and ongoing production as well as clearly specified gas company financial responsibility for all air quality monitoring with DEC responsibility to conduct all monitoring or oversee independent contracting of it

    A clear plan for assessing and mitigating community impacts of all aspects of gas drilling and production

    There must be a specific assessment of the impacts of related heavy truck and machinery traffic on local roads and bridges with pre drilling and ongoing assessments as well as clearly specified gas company liability for the costs of any and all needed repairs 
    There must be a specific assessment of the impacts and mitigation of all emissions of trucks and related drilling and production machinery

    All accidents related to gas drilling and production need to be regulated with clearly specified liability and mitigation requirements.

    The DEC must promulgate accompanying regulations with appropriate rule making procedures covering all of the above, not simply suggest conditions.  Any and all costs of implementing and monitoring DEC Regulations and requirements must be borne by the gas companies. There must be a clear DEC plan for adequate staffing and support for regulatory oversight and monitoring with gas company financial responsibility and bonding to ensure adequate oversight and monitoring over the lifetime of drilling, production, closure and ongoing monitoring. 

    No costs or unwanted responsibilities shall be passed to local government and communities.

Only when these provisions are included, can the DSGEIS on Horizontal Gas Drilling, High Volume Hyrofracturing and Production be considered as providing adequate environmental and community protections.

Respectfully,

Stephen Dungan