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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

Robert Nickerson
69 Hart Road
Spencer , N. Y.
Aimee Arceo
77 Cheshire Lane
East Amherst, NY
Diane MacInnes
110 Calle Paisano
Santa Fe, NM
Frances Gotcsik
7364 East Main Street
Lima, NY
Rose Mackiewicz
1773 Teedlebrook Road
Jefferson, NY
Susan Goldsholl
271 Catlin Hill Road
Owego, NY
Theodore Burger
3370 Woodbridge Circle
Bethlehem, Pennsylvania
Steve Goggin
123 Park Place
Ithaca, NY
Bruce MacInnes
739 Oquaga Lake Rd
Deposit , NY
Steven Foster
paul goldsholl
271 Catlin Hill Rd, 13
Owego, NY
Kevin Mayer
47 Cobb Streer
Groton, NY
Jennifer Cleland
Spencer Road Neighborhood Association
333 Spencer Road
Ithaca , NY
Karin Yomboro
412 Dutchtown Rd
Dolgeville , NY
larry miller
43 milford st apt2
binghamton, NY
Kathleen Chase
250 Red House Hill Road
Cooperstown, NY
Ann Bussiere
9327 State Highway 30
Downsville, NY
Shane Bussiere
9327 State Highway 30
Downsville, NY
Barbara Schiesser
Sunrise Landing, LLC
4986 Apple Road Ext
Dundee, NY
Laurie Goodhart
1159 Co. Rte 59
Cambridge, NY
Malcolm Campbel
221 Dubois Rd.
Ithaca, NY
roberta wallitt
520 Coddington Rd
Ithaca, NY
Patricia Stein
115 Serenity Drive
Norwich, NY
Glenn Stein
115 Serenity Drive
Norwich, NY
Josephine Girardin
27 Reilly Street
West Islip, New York
Nicholas Prychodko
195 Haines Path
Bridgehampton, NY
Karen Smith
3995 County Road 2
Burdett, NY
Lynne Thermann
299 Rose Road
Woodbourne, 12788, NY
joe cummins
po box 825
Ithaca, NY
linda lenhardt
Marietta, NY
Mary Kaszyca
111 Tamarack Lane
Trumansburg, NY
Bonnie Seegmiller
PO Box M
Downsville, NY
Valerie Pavan
506 S plain St
ithaca, NY
Edward Priem
276 Van Yahres Rd
Cooperstown, NY
Richard Driscoll
Former Town Supervisor
Town of Newfield
114 Bank St
Newfield, NY
Mildred Gittinger
1197 S Country Club Dr
Niskayuna, NY
Margaret Goodman
51 Broomall Lane
Glen Mills , PA
Eileen Maxwell
34 turkey hill rd
Ithaca, NY
Daniel Sternglass
Entrepreneur and Engineer
Strategic Marketing Associates
403 Highgate Road
Ithaca, NY
Leslie Potter
109 Main St.
Big Flats, NY
Stephen McAvoy
Auburn, NY
Chad Davis
Oneida County Legislatorl
Oneida County Board of Legislators
3438, Martin Road
Clinton, NY
James Giannettino, Jr
City Councilor
City of Auburn
42 Osborne Street
Auburn, NY
Herbert Witzen
1710 2nd Ave 4N
New York, New York
Carla Jaeger
10877 County Route 78
Pulteney, NY
Anna Gibson
311 Bailor Rd
Brooktondale, NY
elisabeth meyer
41 elm street
trumansburg, ny
Richard Johnsen
343 Raymond Fish Rd.
Hartwick, NY
Jonathan Plotkin
Storyography/Knuckleball Pictures, LLC
711 N Tioga St
Ithaca, New York
Barbara BrittHysell
53 College St
Clinton, NY