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Governor Cuomo: Please disclose how the findings and recommendations of your Dept. of Health's Public Health Review of Shale Fracking will be translated into public policy

March 14, 2015

Honorable Andrew M. Cuomo
Governor of New York State
The Capitol
Albany, NY 12224

Dear Governor Cuomo:

We, the undersigned, respectfully request that you publicly disclose how the findings and recommendations of your Department of Health's A Public Health Review of High Volume Hydraulic Fracturing (HVHF) For Shale Gas Development will be translated into public policy.

We further request that you address the detailed concerns presented below before adopting any Final Supplemental Generic Environmental Impact Statement (SGEIS).

Key Public Health Review Conclusion

The Public Health Review's key conclusion is:

"Until the science provides sufficient information to determine the level of risk to public health from HVHF to all New Yorkers and whether the risks can be adequately managed, DOH recommends that HVHF should not proceed in New York State."

See page one at:

Request for Public Disclosure as well as Open and Transparent Decision Making Process

While we applaud your administration's landmark Public Health Review conclusion, it is unclear how it will be translated into public policy. We write today to request that you clarify this matter.

First, please make clear whether your administration plans to ban permanently all high volume hydraulic fracturing of Marcellus Shale in New York through a legally-binding prohibition or adopt some other form of shale fracking prohibition.

Second, it is our understanding that your Department of Environmental Conservation (DEC) will implement the Public Health Review's findings and recommendations by adopting a Final SGEIS and issuing a Findings Statement to conclude the proceeding.

Even though you stated on 12/17/14 that those actions would be "self-executing," we respectfully request that you reveal the scope of the Final SGEIS before any final action is taken on the matter.

The original purpose of the SGEIS was to provide permit guidelines for shale gas extraction. That is implicit in the SGEIS title: "Well Permit Issuance for Horizontal Drilling and High-Volume Hydraulic Fracturing in the Marcellus Shale and Other Low-Permeability Gas Reservoirs."

We are concerned that a Final SGEIS might permit HVHF in the future without any further public review or comment and despite the prohibition recommended in the Public Health Review.

We also believe it would be premature to adopt HVHF permit guidelines before resolving the shortcomings documented in the Public Health Review and otherwise brought to your attention.

Given these concerns, we respectfully request that you: a) immediately provide written public notice regarding the scope of the proposed Final SGEIS proceeding, b) hold public hearings about the proceeding and c) accept public comments to resolve questions about this critical matter openly, transparently and with full formal public participation before adopting a Final SGEIS.

Please Address Fundamental Shortcomings Documented in the Public Health Review

The Public Health Review states: "Based on this review, it is apparent that the science surrounding HVHF activity is limited, only just beginning to emerge, and largely suggests only hypotheses about potential public health impacts that need further evaluation (emphasis added)."

The Public Health Review also notes: "many of the published reports investigating both environmental impacts that could result in human exposures and health implications of HVHF activities are preliminary or exploratory in nature (emphasis added)."

The Public Health Review cautions: "Furthermore, the public health impacts from HVHF activities could be significantly broader than just those geographic locations where the activity actually occurs, thus expanding the potential risk to a large population of New Yorkers (emphasis added)."

See pages one and two at:

Please Address "Significant Uncertainties" Documented in the Public Health Review

We also respectfully request that you disclose how DEC and DOH propose to address the "significant uncertainties" referenced in the Public Health Review regarding:

"the kinds of adverse health outcomes that may be associated with HVHF,"

"the likelihood of the occurrence of adverse health outcomes," and

"the effectiveness of some of the mitigation measures in reducing or preventing environmental impacts which could adversely affect public health."

See page two at:

Please Address the Most Important Decision Specified by the Public Health Review

We request that you disclose how New York State will decide when:

"the science provides sufficient information to determine the level of risk to public health from HVHF to all New Yorkers and whether the risks can be adequately managed..."

All these Public Health Review procedural matters are critical to determining if HVHF will ever be allowed to proceed in New York. That is why it is imperative that you address these matters without delay.

Draft SGEIS Shortcomings Also Must Be Resolved Before Final SGEIS is Adopted

Tens of thousands of concerned citizens, legislators, academic researchers, business owners, religious leaders and health professionals have respectfully written you to document grave concerns about the Final Revised Draft SGEIS' numerous technical shortcomings as well as that it is indisputably outdated and lacks current information.



We trust that you will find our requests self-explanatory, but please do not hesitate to contact us if we can clarify our concerns. We look forward to receiving your prompt reply.

In conclusion, we wish to thank you, Commissioners Joe Martens and Dr. Howard Zucker, as well as all your DEC and DOH colleagues for their dedicated work performed under challenging circumstances to safeguard the public health of "all New Yorkers" as well as the environment of our state from shale fracking hazards. We commend your public service.

Always very respectfully,

Total Signatory Count: 1228

Mary Donch
45 May Street #6A
New Rochelle, NY
Lawrence and Karen Stein
7426 State Route 17c
Endicott, NY
eli pepper
22 park trail
croton, new york
Christine Bainbridge
1450 Mecklenburg Road
Ithaca, NY
Wright Salisbury
17 North St.
Lexington, MA
Martin Jorgensen
1692 Ellis Hollow Rd. Apt 2
Ithaca, NY
Kimberly Benson
3702 Saddleback Rd
Canandaigua, NY
Ann McLaughlin
892 Butternut Ridge Rd
Canton, NY
John Mead
Journeyman Services LLC.
219 W Lincoln Str.
Ithaca, New York
Diane Stein
40 Harrison St., Apt. 15A
New York, NY
Robert Sawchuk
Ridge, NY
Mildred Gittinger
Susan Kyser
113 Nelson Road
Ithaca, NY
Peter Specker
611 N Aurora St
Ithaca, New York
John McClelland
139 School St.
Millerton, Pennsylvania
Mary Whiting
5041 CR 14
Odessa, ny
Roger Jones
578 Engleville Rd
Sharon Springs, NY
Douglass Turner
NY Water Sentinels
37 S. Main Street
Alfred, NY
Kenneth Fung
115 Monroe Street
Ithaca, New York
William Crum
2150 Wallace Ave Apt 5D
the Bronx, NY
Jonny Lynch
118 Leland st
Portland, Maine
Thomas Marion
85 Mountaintop Lane
Deposit, NY
Christina Weppner
Weppner Architect
127 W82 St Apt 8C
bruce dunn
188 bell hill rd
morris, ny
Cathy Farris
40 church rd
Mountaindale, New York
Mark Sandrock
786 Jones Road
Vestal, New York
Polly Howells
484 First Street
Brooklyn, NY
Erin Ergenbright
14000 SE Parmenter Drive
Milwaukie, Oregon (OR)
Gary Bercow
963 Comfort Road
Spencer, NY
Sue Rapp
248 Noyes Road
Vestal, NY
Irene Weiser
Town of Caroline
Brooktondale Rd
Brooktondale, NY
David Ethridge
215 Bryant Ave
Ithaca, NY
A J vandenBlink
315 West Washington Avenue
Elmira, NY
Judith M. Fitzgerald
560 West 218th Street, Apt. 6A
New York, NY
Dennis Cook
8132 Creekview Drive
Bridgeport, NY
Nancy Lipshitz
321 Oquaga Lake Road
Deposit, NY
David Fischer
United for Action
533 18 St
Brooklyn, NY
Scott Teel
710 N. Cayuga St., Apt. 3
Ithaca, NY
William Wakefield
P. O. Box 393
DeRuyter, New York
Karen Chimento
ClearView Psychotherapy Associates
110 West Upland Road
Ithaca, New York
tony martignetti
seth marks
5105 state rt. 224
odessa, ny
Karin Yomboro
412 Dutchtown Rd.
Dolgeville , NY
Bernice Yarosh
1957 Slaterville Road
Ithaca, New York
Susan Mead
219 W Lincoln St.
Ithaca, NY
Amanda Byrnes
127 Co. Hwy. 5
Otego, NY
Dianne Sefcik
194 Clickman Rd
Westerlo, NY
joel chaffee
12 putnam ave
brooklyn, ny
Karen K Smith
68 Mary St.
Ithaca, NY
Kristin Lovelace-Ross
56 Waterburg Road
Trumansburg, New York