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Area residents fight fracking bills

08/01/12

BINGHAMTON, N.Y. -- Multiple Broome County municipalities are calling for impact assessments before fracking hits their communities.

Wednesday, Binghamton Mayor Matt Ryan and residents came together to address what they call questionable and possibly dangerous methods used during the fracking process.

Many towns have already bills passed that would allow for drilling. But opponents of fracking are calling for state funded health impact assessments before any drilling begins.

"If you listen to the industry, they'll talk about, it's a safe process if it's done right. But we're not talking about just the drilling into the earth, we're talking about the cumulative impacts, all the impacts and it's clearly not safe," Mayor Ryan said.

Wednesday's goal was to grab Governor Andrew Cuomo's attention and get him to take another look at controversial topic.

Fracking Petitions

08/01/12

Another set of fracking opponents is trying to stop the controversial drilling technique by another strategy, reaching out to Governor Cuomo's supporters.

Walter Hang of Toxics Targeting has written to 1,000 of the governor's largest financial contributors asking them to help convince Cuomo to abandon a plan to allow fracking in 5 Southern Tier counties. The letter is co-signed by Binghamton Mayor Matt Ryan and representatives of three local anti-fracking groups.

Hang says Cuomo is the key to whether the state allows shale gas development. "It's absolutely well-known that the Governor listens to people who are his biggest campaign contributors. Many of these people are very important political players. They've been around, in many cases, for decades."

Hang says he mailed the letters on Tuesday so they should be arriving in donors mailboxes Wednesday.

Towns advised to make the call on gas drilling

06/29/12




NORWICH - An advisory committee on natural gas has for the second time refused to push forward a landowner group's request that Chenango County endorse the New York State Department of Conservation's ability to safely harvest natural gas.

The Central New York Landowners Coalition, which is comprised of large swaths of leased land in Chenango County, some of it already producing natural gas, offered up a resolution for the committee's adoption at the end of last month and again on Tuesday.

CNYLC's resolution affirms cooperation with the state's efforts to safely harvest natural gas and safeguard our vast number of invested landowners from unnecessary delays in permitting due to questioned local sentiment. The group claims to represent 400,000 acres and about 20 percent of the land in every township.

Riding the wave of pro-drilling sentiment coming out of Albany in the last few weeks, landowners and coalitions in favor of drilling are hoping to rush through local-level legislation to affirm cooperation with the DEC once it completes new permitting rules. DEC Commissioner Joseph Martens recently stated where there is less resistance and less opposition, and no local land-use in place, areas in the Southern Tier (where the Marcellus is deep enough to drill) would be permitted first. Governor Cuomo just last week expressed confidence in the DEC, stating that the nearly four-year review and revised 900-page draft comprehensive plan for safe development of natural gas will be ready to go shortly.

Fearing water contamination, opposition groups have called for a halt to the review and a complete ban on drilling in New York. Environmental regulators have been compiling and composing safe drilling procedures since 2008, when concerns were raised about high-volume hydraulic fracturing, the method which made it economically feasible to extract oil and gas from the Marcellus and other shales formation. Fracking, as it's called, unlocks trapped gas by injecting a well with millions of gallons of highly pressurized water mixed with a solution of soap, sand and chemicals that some worry has the potential to contaminate drinking water.

So far, no towns in Chenango County have banned drilling, though a petition to do so is on the table in Plymouth and councilmen in German are poised to adopt a law stipulating only non-frack solutions be employed when drilling. Most townships have been hosting speakers to learn more about fracking. The Town of Guilford is in the process of writing a comprehensive land use plan.

The composition of supervisors attending the Chenango County Natural Gas Advisory Committee's has fluctuated since being formed in 2009. Supervisors representing the towns of German, Smyrna, Preston, and Guilford sat around the table this week. Most agreed with opinion of German Supervisor Richard Schlag that the committee must stay neutral and that the DEC isn't capable of handling the activity.

All but Preston's Peter C. Flanagan, who is chair of the committee, opposed CNYLC's suggested resolution. Flanagan said he believed the DEC can permit the activity "with a high degree of safety." He did, however, also say he "couldn't support something I haven't seen."

"New York State has stifled gas drilling. They have not had the political courage to make the call. Now they are doing the Pontius Pilate thing. You want it, you do it. … We advise towns that they'd better make the call," he said.

Guilford Supervisor George Seneck said addressing the issue before his town board has been difficult.

"My board is reluctant to address the issue or even put it on the agenda. We are worried about pitting the hamlet (of Guilford) against the large landowners," he said. "Keeping up with leases here, figuring out who the large landowners are, whether they are in the coalition, whether they are really paying the majority of the taxes … It's been very difficult to research all of it."

CNYLC President Brian Conover suggested that the full board of supervisors might have a different sentiment about proceeding with the DEC's document. He said towns don't have the finances, time or expertise to develop their own 900-page study.

"Sadly, the governor has put this in the town's laps. We've worked in this county more than any other group to try to understand all of the complexities surrounding the process. Are you really concerned that this will ruin the county? We've already had it here without a whole lot of hoopla."

Conover compared the argument to deferring to New York State hunting and fishing regulations. "Let's hunt what we want or say no hunting here. The state would never go for that. What if we say let's give birth control in the feed to control the deer population? I don't think so."

"I agree that the pros have some misinformation as well as the antis … and that's we traditionally defer to a third party … the DEC," he said.

Saying the information presented at many town boards about hydraulic fracturing and natural gas drilling is "mostly flawed" and orchestrated by individuals from outside the region, Chenango County Natural Gas Consultant Steven Palmatier said, "It is a legal activity. It's here. If there's an environmental Armageddon here, I don't see it." Chenango County Farm Bureau President Bradd Vickers also weighed in favor of the county expressing a pro-drilling stance.

Two other resolutions were adopted for consideration by the full board of supervisors, however. One opposes the forest focus and grassland designations contained within previous drafts of the DEC's plan. The other moves forward with officially adopting the a county road use agreement. The full board will consider both for adoption as early as next month, provided they make it through the standard committee process.

Well activity in Chenango County

1888 First drilled well in the Town of Norwich

1940s-2003 Minimal activity

2003 to present:

58 natural gas wells drilled

38 Active

20 In various stages (inactive, shut-in, temp. abandon, permanently abandoned/plugged)

6 are Utica wells

5 horizontal for high volume hydraulic fracturing.

20 Applications currently pending:

2 Herkimer (sandstone) formation

12 Marcellus Shale formation (4-vertical, 8-horizontal)

6 Utica Shale formation (1-vertical, 5-horizontal)

Numerous well applications cancelled or expired.

Chenango County Planning Department anticipates that all future applications will be for the Utica formation.

Cuomo Proposal Would Restrict Gas Drilling to a Struggling Area

06/13/12

ALBANY — Gov. Andrew M. Cuomo’s administration is pursuing a plan to limit the controversial drilling method known as hydraulic fracturing to portions of several struggling New York counties along the border with Pennsylvania, and to permit it only in communities that express support for the technology.

The plan, described by a senior official at the State Department of Environmental Conservation and others with knowledge of the administration’s strategy, would limit drilling to the deepest areas of the Marcellus Shale rock formation in an effort to reduce the risk of groundwater contamination.

Even within that southwest New York region — primarily Broome, Chemung, Chenango, Steuben and Tioga Counties — drilling would be permitted only in towns that agree to it and would be banned in Catskill Park, aquifers and nationally designated historic districts.

The officials spoke on the condition of anonymity because the deliberations in the administration are continuing.

The strategy has not been made final and details could change, but it has been taking shape over several months. It would be contingent on hydraulic fracturing’s receiving final approval from state regulators, a step that is not a foregone conclusion but is widely expected later this summer. Department of Environmental Conservation regulators last year signaled their initial support for the drilling process around the state, with exceptions for environmentally sensitive areas like New York City’s upstate watershed.

Since that announcement, the Cuomo administration has been deluged with tens of thousands of e-mails and letters mostly objecting to the process, which is better known as hydrofracking or fracking, and protesters have become a regular presence at the Capitol.

Mr. Cuomo’s administration is now trying to acknowledge the economic needs of the rural upstate area, while also honoring the opposition expressed in some communities, and limiting the ire of environmentalists, who worry that hydrofracking could contaminate groundwater and lead to other hazards. The administration had initially expected to allow 75 hydrofracking permits in the first year, but now expects to reduce that to 50.

In fracking, large amounts of sand, water and chemicals are injected deep underground at high pressures to extract natural gas from rock formations.

President Obama expressed support for natural gas drilling in his State of the Union address this year, saying, “The development of natural gas will create jobs, and power trucks and factories that are cleaner and cheaper, proving that we don’t have to choose between our environment and our economy.”

But concerns have persisted about the chemicals used in the process. Last year, for instance, federal regulators linked fracking to a contaminated water supply in part of central Wyoming.

In New York, while more than 100 communities have passed moratoriums or bans on fracking, a few dozen in the Southern Tier, a row of counties directly north of Pennsylvania, and in western New York have passed resolutions in favor of the drilling process.

Dewey Decker, the town supervisor of Sanford, N.Y., at his farm; he is a member of a coalition of landowners who support hydraulic fracturing.
Credit Nathaniel Brooks for The New York Times

“A lot of people look at this as a way to save our property,” said Dewey Decker, a farmer, a member of a coalition of landowners supporting fracking and the town supervisor of Sanford, in Broome County, at the Pennsylvania border. Residents of the town, including Mr. Decker, have already leased thousands of acres to a drilling company.

Mr. Decker said that the area’s traditional dairy business had been in sharp decline, and that the promise of fracking had already helped some residents. He said there were “a lot of people who, when we signed and got the upfront money, were going to be losing their land and couldn’t pay their taxes.”

The Marcellus Shale is a rock formation that stretches from the Appalachian Mountains into the central and western parts of New York. State regulators believe that by limiting drilling to areas where the Marcellus Shale is at least 2,000 feet deep, risks of contaminating the water supply with toxic chemicals will be reduced. Regulators would require drillers to maintain a 1,000-foot buffer between water sources and the top of the shale formation.

Environmental groups have been divided over whether fracking should be allowed at all. Some mainstream environmental organizations have not closed the door on the idea of fracking.

“We recognize that gas is going to be part of our energy mix and it’s preferable to other types of fuels that are out there,” said Rob Moore, executive director of Environmental Advocates of New York. “So it’s not really an option to say ‘no way’ to natural gas. But we’re not in a rush to see this resource extracted in New York.”

Mr. Moore called the Cuomo plan, which is being developed by the Department of Environmental Conservation, an “interesting idea.”

“I’d say it’s encouraging that D.E.C. continues to look at these issues very thoroughly and carefully, but there are a lot of questions about how this would roll out,” he said. “Can communities that want to opt in handle it? Is there enough emergency response in the region to handle well explosions? Spill response?”

By contrast, a coalition of lesser-known groups opposes fracking under any circumstances and plans further demonstrations.

“Sending a polluting industry into our most economically impoverished communities is a violation of environmental justice,” Sandra Steingraber, the founder of an umbrella group called New Yorkers Against Fracking, said in a statement. “Partitioning our state into frack and no-frack zones based on economic desperation is a shameful idea.”

Reflecting the frustration of such groups, the actor Mark Ruffalo, perhaps the state’s highest profile opponent of fracking, urged his more than 200,000 Twitter followers to send a message to the governor: “Let’s keep his phones tied up all day.”

The critics have been countered by the industry’s considerable lobbying muscle. Ten companies or trade groups that lobbied on fracking and other issues of concern to the natural gas industry spent $4.5 million lobbying in Albany over the last three years, according to an analysis prepared by the New York Public Interest Research Group.

James Smith, a spokesman for the Independent Oil and Gas Association of New York, said of the proposal being considered by the Cuomo administration, “We view it as a positive step.”

“We expect when the D.E.C. has completed its review, the folks that make these decisions will be convinced that it can be done safely,” he added. “It’s good news for the farmers and other landowners in the Southern Tier, and small businesses that have wanted this to occur, and municipalities and local governments that will reap the benefits of the taxes that are going to be collected. And it’s good news for our members.”

Assembly anti-frackers are unhappy with Cuomo report

06/13/12

Reaction to a story in this morning’s NY Times that the Cuomo Administration wants to move ahead with hydrofracking in selected Southern Tier and central NY counties and only where the local communities wants gas development, was harsh and swift among several Assembly Democrats who are pretty much opposed to the idea of drilling.

“Hydrofracking will affect all of the state,” said Long Island’s Michelle Schimel who joined several others including Ithaca’s Barbara Lifton, Westchester’s Sen. Suzi Oppenheimer, as well as Assembly members Robert Johns of the Rochester area, Long Island’s Steve Englebright. Also participating were Assembly members Robert Rodriguez, Jim Brennan, Linda Rosenthal, Daniel O’Donnell and Deborah Glick from New York City.

“The people in my district are adamantly opposed to this process moving ahead,” said O’Donnell.

Lifton like others explained that they view hydraulic fracturing as a statewide issue. (There were no representatives from the counties that, according to the Times, are being considered for drilling: Broome, Chenango, Chemung, Steuben and Tioga).

Others noted that hydrofracking will involve trucking materials and chemicals across the state. There also are fears about how drilling will impact water tables.

So far, the Cuomo administration is remaining mum on the story, although it has all the earmarks of what we in the news business call a leaked trial balloon in which officials quietly put out a story to gauge reaction. (Gannett had earlier reported a similar story but it hasn’t seemed to spark the same response).

Certainly, there’s a political aspect to this in addition to the purely environmental concerns.

Walter Hang, who runs a data base firm, Toxics Targeting, noted that the fallout and rapid response by lawmakers could be viewed as a signal to the governor more input is needed on this.

“For the first time it says an equal partner in government is not going to let this go on,” remarked Hang.

Here’s a release from Lifton about the affair:

Seventy state legislators from both houses and both parties are calling on Governor Cuomo to resolve six critical issues before permitting Marcellus Shale horizontal hydraulic fracturing to begin in New York State. These issues are not adequately addressed by the Revised Draft Supplemental Generic Environmental Impact Statement (SGEIS) that the New York Department of Environmental Conservation is currently reviewing pursuant to Executive Order No. 41.

“It is clear that the SGEIS, as we have seen it, insufficiently addresses the effects that this heavy industry could have on New York families,” said Assemblywoman Lifton (D/WF 125), who authored and spearheaded the letter. “Until these critical issues are resolved, we must send the SGEIS back to the drawing board. This document may be our last line of defense from heavy industry in our backyards — we only get one chance at this.”

The six issues the letter highlights are as follows:

1) Requiring Environmental Quality Review regarding Hydraulic Fracturing utilizing Liquid Propane Gas, which may soon be used in Tioga County without having been addressed in any SEQR Environmental Impact Statement.

2) Requiring an environmental quality report for all New York State mortgage lending programs. Lenders and local governments around the State have voiced concerns about the impact of fracking on property values and tax revenue generation.

3) Rescinding New York’s Natural Gas Hazardous Waste Regulatory Exemption, which, despite the highly-toxic waste that hydrofracking produces, allows drilling fluids to be exempt from waste regulations.

4) Banning “recycling” of natural gas drilling wastewater that exceeds GA Effluent Limitations. Under current law, gas drilling wastewater is allowed to be injected into wells to “facilitate oil, gas, salt, or geothermal resources.” This water can contaminate public drinking supplies and has recently been associated with causing earthquakes in Ohio

5) Banning natural gas drilling wastewater landspreading and dumping in municipal wastewater treatment plants. Currently, contaminated wastewater is used to de-ice and stabilize roads and roadbeds. In addition, it is often dumped in municipal wastewater plants that were not constructed to remove the toxic metals, petroleum constituents or radionuclide contained in wastewater.

6) Requiring an independent health study of the effects of HVHF, which the current SGEIS lacks. This has been called for by numerous physicians and the US Environmental Protection Agency.

The letter concludes that the SGEIS does not fulfill the legal requirements set forth by the Environmental Quality Review Act and calls for a continued moratorium until these concerns have been addressed. The letter, sent to the Governor today, is attached.

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