COMMUNITY BOARD #1 – MANHATTAN RESOLUTION

DATE: FEBRUARY 23, 2010

COMMITTEE OF ORIGIN: EXECUTIVE

COMMITTEE VOTE: 8 In Favor 0 Opposed 0 Abstained 0 Recused
BOARD VOTE: 35 In Favor 0 Opposed 0 Abstained 0 Recused

      RE: Request to Governor Paterson to Withdraw the Department of Environmental Conservation’s Draft Supplemental Generic Environmental Impact Statement (dSGEIS) for Marcellus Shale Horizontal Drilling and Hydrofracking

     WHEREAS: Community Board #1 (CB1) unanimously passed a resolution on May 26, 2009 urging New York State Department of Conservation (DEC) to prohibit the use of hydraulic fracturing in the New York City watershed, and

     WHEREAS: On September 30, 2009 the New York State DEC issued its Draft Supplemental Generic Environmental Impact Statement (dSGEIS) for Marcellus Shale Horizontal Drilling and Hydrofracking, and

     WHEREAS: On October 27, 2009, CB1 reiterated its opposition to hydraulic fracturing and urged the DEC to extend the public comment period for its dSGEIS, and

     WHEREAS: Although the Chesapeake Energy Corporation stated it would not drill for natural gas within the upstate New York watershed due to public pressure, the New York Times (October 27, 2009) has suggested that there are other companies that may, and

     WHEREAS: On December 23, 2009, a Final Impact Assessment Report was prepared for the New York the City Department of Environmental Protection (DEP) and an accompanying press release entitled “Department of Environmental Protection Calls for Prohibition on Drilling in the New York City Watershed” stated that gas drilling poses unacceptable risks to the unfiltered drinking water supply for nine million New Yorkers and that, “In addition, the City called on DEC to rescind the draft Supplemental Generic Environmental Impact Statement (dSGEIS) that was released on September 30, 2009 because it does not adequately address the risks of drilling in the New York City watershed, which supplies drinking water for nine million New Yorkers,” and

     WHEREAS: On December 30, 2009, the U.S. Environmental Protection Agency (EPA) Region 2 submitted comments the day before the comment period ended. EPA stated, “Even with its generic format, the dSGEIS should discuss the impacts that may result from past, present, and reasonably foreseeable future projects as well as those impacts associated with gas drilling and hydrofracturing that may occur later at a time or at a distance from the immediate project site.” The EPA suggested that both the New York State Public Service Commission (PSC), which has regulatory authority over the gas pipelines, and the New York State Department of Health (DOH), which has primary enforcement responsibility for the Safe Drinking Water Act, become more active in this process. In addition, “EPA is particularly concerned about the potential risks associated with gas drilling activities in the New York City watershed and the reservoirs that collect drinking water for nine million people.” EPA concluded that, “We have concerns regarding potential impacts to human health and the environment that we believe warrant further scientific and regulatory analysis. Of particular concern to EPA are issues involving water supply, water quality, wastewater treatment operations, local and regional air quality, management of naturally occurring radioactive materials disturbed during drilling, cumulative environmental impacts, and the New York City watershed. EPA recommends that these concerns be addressed and essential environmental protection measures established prior to the completion of the SEQRA process,” and

     WHEREAS: On January 25, 2010, WNYC reported that DEC has not set a date for the issuance of its final plan, and

     WHEREAS: On February 17, 2010 at the “New York Environmental Law Year in Review 2010” at the New York City Bar, Stuart Gruskin, Executive Deputy Commissioner of DEC stated that DEC has rejected the call for a new plan, now

THEREFORE
     BE IT
     RESOLVED
     THAT: CB1 requests that Governor Paterson and the DEC withdraw the draft SGEIS for Marcellus Shale Horizontal Drilling and Hydrofracking, and
     BE IT
     FURTHER
     RESOLVED
     THAT: CB1 thanks EPA Region 2, NYC DEP, Mayor Bloomberg, Speaker Silver, Manhattan Borough President Stringer, U.S. Representative Nadler, New York State Senator Squadron, Assemblymember Glick, and NYC Council Member Chin for their leadership on keeping our drinking water safe.