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FRACKING IN NEW YORK STATE
Study written by Cédric Stanghellini, EVS Erasmus+ Volunteer
This document was updated in May 2016
Email enquiries regarding the re-use of this information to:
Description of New York State
New York State Capital: Albany
Language: English
Area: 54,555 km², 27th in USA
Population: 19,795,000 inhabitants, 4th in USA
New York City: 2nd largest worldwide urban area
GDP: 3rd in USA (Q4 2015)
GDP growth: 2.2% (Q4 2015)
Unemployment: 5.2% (Q4 2015)
Government: Federal system => State part of
United State of America
Political System:
Local Executive: Governor; Local Legislature:
State Assembly and State Senate
National representation in Washington: 2
senators and 27 representatives (3rd in the House
of Representatives).
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Shale Gas in United States of America
Shale gas is an important resource
Link: Shale gas
reports and analyses
in USA (from U.S Energy
Information Administration)
USA has six main shale gas reserves (fig. left).
The Marcellus Supply, in the North-East, is the major source of shale gas (fig. right).
New
York
State
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Context in New York State
New York City
- 8,500,000 people
- Water consumption:
- 1,000 Million gallons per
day
- 125.8 gallons per person
per day
Conflict between the need for
drinking water and risk of
groundwater pollution
from fracking
Link: Marcelluse Drinling
Productivity Report in
2015 and expectation
for 2016 (from U.S Energy
Information Administration)
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Environmental regulation in New York State
SEQRA = New York’s State Environmental Quality Review Act
=> Bill that requires the sponsoring or approving governmental body to identify and
mitigate the signifiant environmental impacts of the activity it is proposing or
permitting.
DEC = Department of Environmental Conservation
=> NY State Agency charged to conserve, improve and protect natural resources and
environment ; and to reduce and control water, land and air pollution.
ECL = Environmental Conservation Law
=> Confers discretion on DEC to:
- “Provide for the abatement of water, land and air pollution”;
- “Protect tidal and freshwater wetlands and flood plains”;
- “Promote the wise use of water resources”;
- “Regulate mining, including reclamation of mined lands, extraction of oil and gas”
GEIS = New York State’s Generic Environmental Impact Statement on the Oil, Gas and
Solution Mining Regulatory Program
=> Prepared according to SEQRA, it reviews is in comprehensive manner the regulation
of oil, gas, underground gas storage and mining wells of any depth.
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Many communities in New York
State have banded together to
limit or delay unconventional
natural gas drilling or related
operations in their municipalities.
June 30th, 2014:
The Court of Appeals, the highest
court of the State, has upheld the
right for a municipality to choose
to ban drilling (in a 5-2 decision).
Link: Read this
Decision 5-2
Local banning 6
Fracking regulation in New York State
Published by DEC (Department of Environmental Conservation)
Oct. 2008: DEC determines that some aspects of the current and anticipated
application of HVHF warranted a further review.
Public process to develop the GEIS with public comments.
Feb. 2009: Draft GEIS - First evaluation’s result is published.
DEC concludes HVHF poses unacceptable threat to the water supply of nine
million New Yorkers. Fracking is inconsistent with the principles of source
water protection and pollution prevention.
=> DEP proposes a complete ban of drilling within the watershed and in a 7
miles (11km) buffer around the water supply infrastructure.
13,000 public comments were made on its draft.
Dec. 2009: Draft Supplemental GEIS (Now called SGEIS)
While DEC is mindful of the potential economic opportunity that this
represents for the State, it reiterates its position for completely ban of HVHF.
Consequences for drinking water and environmental objectives are too
important.
HVHF?
High-Volume
Hydraulic Fracking
=> For DEC is the
stimulation of a
well using 300,000
or more gallons of
water.
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Political awareness
Dec. 2010: Governor David Paterson.
=> He passes an Executive Order 41 for a one year moratorium on
horizontal but not vertical fracking and opens the GEIS for another
round of public comments.
Jan. 2011: Andrew Cuomo becomes Governor of NY State.
He signs the continuation of Executive Order 41.
DEC released a new public review
Sept. 2011: Revised Draft SGEIS
150 pages with technical prescriptions.
67,000 public comments received !
Sept. 2012:
DEC asks the Commissioner of Health (Department of Health of New
York State, DOP) to determine if the mitigation measures proposed
were adequate to protect public health.
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Support by specialised administrations
December 2014: DEP + Commissionner of Health:
Common press release and public meeting
The Commissioner of Health: The “review boiled down to a simple question: Would he
want his family to live in a community where fracking was taking place? My answer was
no. We cannot afford to make a mistake. The potential risks are too great. In fact, they
are not even fully known.”
The Commissioner of DEP: “Local bans, on top of restrictions that the state had planned,
put 63 percent of the Marcellus Shale off limits to drilling. The economic benefits are
clearly far lower than originally forecast.”
Commissionner of Health + Commissionner of DEP recommend
together that NY State should not proceed with fracking.
Politician support 17th December 2014: Gov. Cuomo annouces that it would ban hydraulic
fracturing in New York State because of concerns over health risks
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New York State bans high-volume hydraulic fracturing
29th June 2015: Final SGEIS published by DEC !
Regulatory Program for Horizontal Drilling and High-Volume
Hydraulic Fracturing to Develop the Marcellus Shale and Other Low-
Permeability Gas Reservoirs.
Prohibition of HVHF.
Link to
Final
SGEIS
Link to
DEC
internet
page
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Definition: High-Volume Hydraulic Fracturing (HVHF)?
Department of Environmental Conservation of NYS in the Final Supplemental
Generic Environmental Impact Statement on the Oil, Gas and Solution Mining Regulatory
Program:
“The stimulation of a well using 300,000 or more gallons of water as the base
fluid for hydraulic fracturing for all stages in a well completion, regardless of
whether the well is vertical or directional, including horizontal.”
The 300,000-gallon threshold is the sum of all water, fresh and recycled, used for
all stages in a well completion.
The well stimulation requiring less than 300,000 gallons of water as the base
fluid for hydraulic fracturing for all stages in a well completion is not considered
high-volume, and will continue to be reviewed and permitted.
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