I write to request that the New York State Department of Environmental Conservation

Dear Commissioner Martens,

I write to request that the New York State Department of Environmental Conservation (DEC) immediately expand the scope of its efforts to revise the draft Supplemental Generic Environmental Impact Statement (SGEIS) pursuant to Executive Order No. 41.

It has become clear that our neighboring state of Pennsylvania did not perform an adequate analysis of the risks, or mandate and enforce operational practices that would prevent significant environmental damage, likely resulting in contamination of water wells and rivers The adverse consequences of insufficiently regulated Marcellus Shale drilling is potentially devastating to the economy and public health of NY residents. Consequently, I strongly urge that a public comment period be mandated, and at least a full year be allocated to revising the SGEIS.

I understand that DEC has been ordered to complete its revision by 7/1/11. Clearly this does not allow sufficient time to address an issue of such overarching and long-term importance to the residents of NY State. A detailed assessment of the technical, scientific, regulatory and legal issues is necessary. It is simply not feasible to complete such revisions in the short-term, let alone in light of DEC’s need to provide it’s vital ongoing services to industry in New York state with it’s very limited resources.

Specific Requests for Immediate Action
I urge you fulfill your commitment to requiring DEC’s revision of the draft SGEIS to address all Marcellus Shale horizontal hydro-fracturing concerns “raised to date,” including the following specific matters.

1. There are nearly 11,000 signatories to a coalition letter that asked Governor Paterson to withdraw the fatally-flawed draft SGEIS and send it back to the drawing board. That letter documents a wide range of fires, explosions, polluted water supply wells, homes evacuated due to natural gas intrusion and massive gas drilling waste water spills that still exceed clean up standards decades after occurring.

The letter also requests that the Governor address a wide range of concerns regarding inadequate gas release disclosure requirements, lack of financial surety to address gas hazards, failure to impose strict liability for clean up of gas hazards and the failure to establish a dedicated gas pollution clean up fund comparable to the spill remediation fund. Please address all those issues in DEC’s revision.

Please see: http://www.toxicstargeting.com/MarcellusShale/coalition_letter

2. DEC excluded from the SGEIS proceeding a wide range of critical issues that were identified at its scoping hearings. I request that DEC re-assess those comments in light of developments since 2008 and include all concerns deemed to be within the scope of Executive Order No. 41.

3. The U. S. Environmental Protection Agency submitted extremely detailed comments regarding the inadequacy of the draft SGEIS and requested that DEC share co-lead agency status with the New York State Department of Health. EPA also wrote that DEC’s 1992 GEIS is out-of-date in so many respects that it should not serve as the basis for developing new horizontal hydro-fracturing regulations.

4. Furthermore, EPA is conducting a National Hydro-fracturing Study. EPA Administrator Jackson has been asked to provide DEC with all pertinent documents compiled for that investigation. I request that DEC review those documents and address all concerns deemed within the scope of Executive Order No. 41. I believe that it is vitally important that DEC consider the results of EPA’s investigation.

I sincerely hope that you will seriously consider the potential adverse economic, public health and environmental consequences of insufficiently regulated Marcellus Shale drilling, and act to ensure a thorough revision of the SGEIS in light of these concerns.

Thank you very much for your consideration and for your continuing public service.

Best Regards,

Daniel S