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Coalition Letter Which Requests That Governor Cuomo Take Immediate Action to Enact a Comprehensive New York State Statutory Prohibition of All Forms of High-Volume Hydraulic Fracturing Using Water, Gelled Propane or Any Other Fluids

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


We, the undersigned, write to request that you take immediate action to submit a bill to the New York State Legislature and make sure it is enacted into law in order to establish a comprehensive statewide statutory prohibition of all forms of High-Volume Hydraulic Fracturing (HVHF) using water, gelled propane or any other fluids.

In June 2015 your Department of Environmental Conservation (DEC) purported to adopt a prohibition of this highly polluting natural gas and oil extraction method after a seven-year regulatory review. However, the FINDINGS STATEMENT OF THE FINAL SUPPLEMENTAL GENERIC IMPACT STATEMENT ON THE OIL, GAS AND SOLUTION MINING REGULATORY PROGRAM was based on a woefully inadequate definition of HVHF:

"High-volume hydraulic fracturing is defined as the stimulation of a well using 300,000 or more gallons of water (emphasis added) 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."

DEC's HVHF definition deliberately excluded highly flammable and potentially explosive "waterless" gelled propane fracking that had been proposed in Barton, NY circa 2012. If approved, that project reportedly could allow gelled propane fracking under more than 130,000 acres in Tioga County as well as in New York's entire Marcellus Shale formation.

See: Tioga County landowners look towards propane fracking

LPG Fracking Coming to Tioga NY?

Propane fracking deal reached in NY; Plan would open 130,000 acres in Tioga County for drilling

Request That You Adopt a Moratorium on Gelled Propane Fracking Because New York has Never Assessed its Public Health and Environmental Impacts

DEC is currently reviewing a: Tioga Energy Partners, LLC ECL Article 23 Application for Permit to Drill Using Gelled Propane Hydraulic Fracturing

Given that the public health and environmental hazards of "waterless" gelled propane fracking have never been assessed by New York authorities and the State Legislature is currently recessed, we request that you require DEC to adopt a de facto moratorium on this fracking method because it poses the same public health and environmental hazards that persuaded your administration to adopt its landmark High-Volume Hydrofracturing prohibition:

"The Department adopts the NYSDOH [New York State Department of Health, not in the original] statement in the Public Health Review that '[w]hile a guarantee of absolute safety is not possible, an assessment of the risk to public health must be supported by adequate scientific information to determine with confidence that the overall risk is sufficiently low to justify proceeding with HVHF in New York. The current scientific information is insufficient. Furthermore, it is clear from existing literature and experience that HVHF activity has resulted in environmental impacts that are potentially adverse to public health.'

The Department concludes that while the mitigation measures in some instances would likely be effective in reducing the risk of impacts, in other instances impacts would only be partially mitigated, and in some instances the Department recognizes that there is insufficient information, or too much uncertainty as to the effectiveness of the mitigation, to determine if the impacts Findings Statement, Page 40 could be adequately mitigated at all. The Department concludes that there would be unavoidable cumulative impacts to community character and wildlife habitat.

Based on unavoidable adverse environmental impacts and uncertainty regarding the science surrounding high-volume hydraulic fracturing and its potential impacts to public health and the environment, the Department finds that the best course of action is to select the No Action alternative. Selection of the No Action alternative means that the Department will not establish a high-volume hydraulic fracturing permitting program; that no individual or site-specific permit applications for wells using high-volume hydraulic fracturing will be processed; and that high-volume hydraulic fracturing will be prohibited in New York State (emphasis added)."

See: Findings Statement (PDF)

In order to implement a de facto moratorium on gelled propane fracking permit approvals, we request that DEC immediately halt all consideration of a proposed scope of work that could authorize preparation of a Draft Supplemental Environmental Impact Statement (DSEIS) for the Tioga Energy Partners, LLC proposed Gelled Propane Hydraulic Fracturing project in Barton, NY.


With all respect, it would be utterly irresponsible of you to allow DEC to permit a DSEIS to be undertaken for gelled propane shale fracking based on the 1992 Generic Environmental Impact Statement (GEIS) ON THE OIL, GAS AND SOLUTION MINING REGULATORY PROGRAM. In 2008, DEC determined that the outdated GEIS was wholly insufficient to regulate High-Volume Hydraulic Fracturing in New York. Moreover, New Yorkers can have no confidence in any environmental review conducted by a permit applicant with an indisputable conflict of interest.

In conclusion, given the inadequacy of your High-Volume Hydraulic Fracturing prohibition based solely on hydrofracking, we request that you enact a comprehensive statewide statutory prohibition on all forms of HVHF using water, gelled propane or any other fluid. Until that has been achieved, we request that a moratorium be immediately adopted for gelled propane fracking in New York.

We trust that you will find our request to be self-explanatory and look forward to receiving your reply. Thank you for your consideration.

Very truly yours,

cc: Honorable B. Seggos
Honorable Howard Zucker
Honorable Steve Englebright
Honorable Todd Kaminsky
Honorable Donna Lupardo
Honorable Thomas F. O'Mara

Total Signatory Count: 534

Ilse Funk
Otsego 2000
238 Mill Rd,
Cherry Valley, NY
Miriam Rice
4396 Krums Corners Rd.
Trumansburg, NY
Sue Heavenrich
115 Hubbard Hill Road
Candor, New York
Ann Pilcher
3727 Coleman Hill Road
Jamesville, NY
Debbie Biltonen
6031 Brook Rd
Trumansburg, NY
Mike Biltonen
6031 Brook Rd
Trumansburg, NY
Lisa Sanfilippo
1108 N Cayuga St
Ithaca, NY
Judy Freilicher
7207 Highbridge Road, P.O. Box 93
DeRuyter, New York
Donna Mundt
PO Box 187
Newark Valley, New York
Arthur Salo
laboratory engineer
University of Rochester
11 Foxpointe Circle
Fairport, NY
Roger Jones
617 Engleville Rd
Sharon Springs, NY
george mundt
po box 187
newark valley, NY
Susan Sullivan
7878 SR 52
Narrowsburg, NY
Karyn Sochacki
9176 South Rhodes Road
Lodi, NY
Mikki Chalker
119 Prospect St
Binghamton, NY
Anne Marie Johnson
187 Creamery Rd
Brooktondale, NY
Sarah Striffler
605 Hudson Street
Ithaca, NY
Elizabeth McTiernan
citizen who votes
56 Baylis St.
Oswego, NY
Carolyn Pierson
5262 County Highway 14
Treadwell, NY
Carol and Louis Piciullo
149 Co Hwy 12
Laurens, NY
Dennis Turechek
392 Hathaway Road
Otego, NY
Bruce Dunn
188 Bell Hill Rd
Morris, New York
Amy Harlib
212 W. 22nd St.
New York, NY
Dennis Cook
8132 Creekview Drive
Bridgeport, NY
Elaine Shuster
61 Stewart Ave - Unit 311
Newburgh, NY
Elizabeth Watts
14 Bayview Court
Manhasset, NY
Katharine B. Wolpe
107 East 10th St., Apt. 1C
New York City, NY
Bridget Wilson
PO Box 4224
Ithaca, N.Y
Barbara Kazyaka
Ban ALL fracking
114 Libery St
Spencer, NY
Jason Livingston
Buffalo, NY
Douglass Turner
37 S. Main Street
Alfred, NY
Patrice Jennings
244 Bald Hill Road
Spencer, New York
Gail Flanery
1137 Hedgewood Lane
Niskayuna, NY
Deborah Banks
2541 Garfield Drive
Sparks, NV
Penny Beebe
2 Union Street,
Deborah Kahkejian
398 State Route 69
Williamstown, NY
Susan Kramer
406 N Cayuga St
Ithaca, NY
Annette Gurdo
436 White St
Waterville, NY
Robert Jacobson
342 Dean St.
Brooklyn, New York
Donna Mummery
67 Village Trail
Honeoye Falls, New York
James Hamilton
Town of Ithaca Conservation Board & Sixmile Creek Water Quality Monitor
1603 Slaterville Rd
Ithaca, NY
Killene Dolan
10 Fairview Drive
Bath, NY
Eileen Driscoll
Valley View
Ithaca, NY
Shirly Tripp
204 first st
Ithaca, NY
Sean Zigmund
Root 'N Roost Farm
64 Mineral Springs Rd, Zigmund Computer Services LLC
Brenda Lee
16 Quarry Dr
Wappingers Falls, NY
Abbe Lyons
154 Westhaven Road
Ithaca, NY
Kelly Serbonich
Parenting Naturally LLC, dba Jillian's Drawers
1432 Danby Rd.
Ithaca, NY
Steven saperstein
320 milltown rd
brewster, NY
Diane Stein
New York, NY