Burgess COMMENTARY

Peter Burgess

The New York State DEC has announced that it will prohibit high-volume hydraulic fracturing activity in the state based on findings and recommendations in the DOH Public Health Review.

On December 17, 2014, the New York State Department of Health (DOH) released its Public Health Review of the Department of Environmental Conservation’s (DEC) draft Supplemental Generic Environmental Impact Statement (SGEIS) for High-Volume Hydraulic Fracturing (HVHF). The DOH review recommends that HVHF should not proceed in the state until adequate scientific information is available to determine the risk level for public health and whether the risks can be adequately managed.

Extent of Marcellus Shale Formation in New York (dec.ny)

The DEC announced that it will complete the State Environmental Quality Review Act (SEQR) process and issue a legally binding findings statement prohibiting HVHF in the state. It will incorporate the Public Health Review findings into the Final SGEIS – to be released with a response to public comment in early 2015 – and issue the findings statement at least 10 days later.

The DEC began developing the SGEIS in 2008 to specifically address natural gas development using HVHF and directional drilling from shale formations such as Marcellus and Utica. The 1992 Generic Environmental Impact Statement (GEIS) on Oil, Gas, and Solution Mining Regulatory Program – which permits conventional natural gas development – does not include HVHF which raises new and potentially significant adverse impacts. The DEC issued a Draft SGEIS in September 2009 – to address permit conditions for gas drilling – and a Revised Draft SGEIS in September 2011 followed by proposed regulations to supplement and reinforce the proposed permit conditions. The drafts and regulations elicited approximately 260,000 comments. In September 2012, DEC requested DOH to review and assess the draft SGEIS analysis of potential health impacts.

The DOH Public Health Review highlighted that scientific information on HVHF is limited and existing studies raise substantial questions regarding the risks of HVHF activities. It found that there are significant uncertainties regarding adverse health outcomes associated with HVHF, likelihood of occurrences of adverse health outcomes, and the effectiveness of mitigation measures to protect public health. In conducting the review, the DOH assessed scientific literature, sought input from public health experts, held discussions with environmental authorities in states engaged in HVHF activity, and communicated with government, international, academic, environmental, and public health stakeholders.