The risks of hydrofracking are too unknown and potentially catastrophic

An open letter to Gov. Andrew Cuomo, U.S. EPA Administrator Judith Enck, and NYS DEC Commissioner Nominee Joseph Martens:

The risks of hydrofracking are too unknown and potentially catastrophic for our surface and ground waters and for our communities, to proceed without significant further review of data. The present lack of information on potential contaminants, concentrations, and procedures for use, distribution and disposal of hydrofracking fluids cannot support a reasonable determination of significance by the NYS DEC. Recent articles in the New York Times describing unmeasured radiation and massive quantities of unaccounted-for well disposal fluids are only the latest reports of potential impacts.

If the NYS DEC decides NOT to significantly expand the scope of the SGEIS currently under review, it will make a mockery of the SEQRA review process, which is intended to provide a complete and public review of objective data regarding the potential impacts of a proposed action.

NYS DEC recently distributed for public review and comment the proposed new Environmental Assessment Forms for SEQRA review, the first significant revision of these environmental assessment tools in over 20 years. They require substantially more information and more detailed information about proposed actions large and small in order to elicit objective data about their potential effects. The SEQRA process has been both used and abused, and it is apparent that the new EAF is intended to both focus and streamline environmental review by public decision makers.

Such apparent good intent of NYS DEC via SEQRA and the new EAFs should be the model for intelligent, expedited collection and review of facts regarding hydrofracking. There is no room for presumptions nor broad characterizations.

It is also notable that as of March 1, 2011, NYS DEC stormwater design standards resulting from EPA Phase II stormwater regulation were implemented to ensure better evaluation and treatment of project related runoff and discharges. As proposed hydrofracking would involve the collective permitting of hundreds or thousands of acres for well development, Stormwater Pollution Prevention Plans should be prepared for this activity just as they would for other ground disturbing activities of one acre or more.

I urge you to support the following:

1. Expand the scope of the draft SGEIS to include additional concerns, notably how to manage gas drilling wastewater;

2. Establishing Citizens and Technical Advisory Committees to help DEC revise the draft SGEIS;

3. Providing at least 30 days public comment to identify additional issues to be included in the draft SGEIS scope;

4. Requiring individual EIS reviews for horizontal hydrofracturing permits, "GA effluent limitations" for hydrofracturing, deep well injection and wastewater treatment as well as updating DEC's 1992 GEIS.

Respectfully, your constituent,

Eric H