News

Revised Permitting Program for Gas Extraction in New York State

August 2011

On September 7, 2011, the New York State Department of Environmental Conservation (NYSDEC) issued the completed revised Draft Supplemental Generic Environmental Impact Statement (SGEIS) on the Oil, Gas and Solution Mining Regulatory Program. The completed Draft SGEIS, which includes a supplemental Socio-economic Impact Analysis, seeks to assess the unique environmental impacts of horizontal drilling and high-volume hydraulic fracturing (hydrofracking) in the state’s Marcellus Shale formation and to provide possible mitigation solutions. If the recommendations of the SGEIS are adopted in their final form, nearly 85% of New York’s shale reserves would become eligible for natural gas extraction.

NYSDEC intends to promulgate regulations based on the recommendations of the SGEIS which include creating a panel comprised of outside environmental and industry experts and local government representatives tasked with creating plans for oversight, monitoring, and enforcement and adopting measures to minimize socioeconomic and other impacts on local governments and communities. 

The SGEIS also addresses four critical issues related to potentially significant environmental impacts: preventing methane gas migration, avoiding fracturing fluid releases, preventing uncontrolled wellbore release of flowback water and brine, and averting high total dissolved solids discharges. The SGEIS recommendations include designating prohibited areas and activities that require site-specific assessments e.g., the revised draft prohibits hydrofracking in or around the state’s watersheds, aquifers, and public and private drinking water supply.

While the revised draft of the SGEIS notes that existing regulatory programs mitigate a number of the potential impacts of hydrofracturing activities, it identifies more than ten new critical mitigation measures. These include enhanced air pollution controls; enhanced habitat conservation controls; mandatory disclosure requirements for all chemicals, constituents, products, and/or additives used in the high-volume fracturing process; and required NYSDEC approved plans for flowback water and production brine for applicants.

The public comment period has commenced on the revised Draft SGEIS and ends December 12, 2011. Until NYSDEC’s recommendations are finalized in a Final SGEIS, which is projected to be issued in early 2012, any applications for drilling permits in the Marcellus Shale will be required to undertake an individual, site-specific review by the NYSDEC and must comply with the State Environmental Quality Review Act and the State Environmental Conservation Law.

Stay updated and learn more at www.dec.ny.gov.

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