-----Original Message-----
From: Maura Stephens <[email protected]>
To: [email protected]
Sent: Tue, Nov 17, 2009 1:18 pm
Subject: [flprogressives] excellent info about gas drilling
This is an excellent, sensible analysis by Liz Thomas from t he Town of
Ulysses.
Please take a few minutes to read this.
*Informing Ulysses* *November 14, 2009*
/On and off the record; notes from the point-of-view of Liz Thomas,
Town of Ulysses Representative (Trumansburg)/
Am I repeating myself? It’s not my poor memory that keeps me on the
same topic, but the importance of the subject and continued torrent of
new and alarming information. This newsletter will again focus on
concerns over the proposed regulations for gas drilling in our area. I
hope you read on if you have concerns. *Your voice really CAN make a
difference* and time is short.
We are an energy hungry country. Conservation isn’t catching on fast
enough. Wind power can provide a portion of our needs, but is often
opposed locally. Solar can certainly supplement our needs. Coal is a
dirty business from its extraction using mountain top removal, dirty
combustion, and disposal of toxic fly ash, as sits in plain view just
above Cayuga’s waters in North Lansing. Nuclear? Let’s not go there.
More foreign oil? Let’s face it, natural gas is probably part of the
answer, but under the proposed New York State Department of
Environmental Conservation (DEC) rules, the potential costs to the
environment and the community are just too high. The DEC needs to
revisit its rules and insist that this process is done with the utmost
care.
*Drill Baby, Drill*
What surprises me lately is that normally moderate voices have become
quite disturbed and concerned over the inadequacies within the proposed
regulations governing drilling for gas in the Marcellus shale. The
proposed regulations, spelled out in the supplemental Generic
Environmental Impact Statement (sGEIS), are not reassuring for those of
us hoping to see some strict standards of oversight for this new
version of the natural gas industry coming to town.
The gas companies and land owners with leases stand to profit in a big
way, and are making their voices heard loud and clear [although in
Texas, in the Barnett Shale area, the average payment for those with
leases is only $50 a month! Yes, some people get rich, but most make
very little or nothing]. They want this process to move forward ASAP.
The rest of the community stands to pay for repairing damaged roads,
dealing with the noise, bright lights, and reduced air quality nearby
the well. But primary, in my mind, is the potential effect on the water
we drink, whether the contamination occurs from underground cracks in
the well casings, spills of hydrofracking chemicals on the drilling
site, breached holding ponds, or contamination being improperly treated
as it goes through sewage treatment plants, meant to process human
waste not industrial flowback, as was the case in Cayuga Heights this
year.
Some argue that this is how business works in our country, but do we
want industrial zones to be placed anywhere, regardless of our
carefully argued zoning, regardless of the understaffed regulatory
agency (DEC), and without a plan for disposing of the wastewater? It
will be a true battle to convince the higher governing bodies to
regulate this industry much more closely than is now proposed in the
sGEIS.
There is so much to learn. I’ll try to provide a Reader’s Digest
version of Marcellus gas concerns.
*What You Can Expect on Leased Land near You *
· Up to 16 wells per square mile are allowed under the proposed rules.
· Noise and light 24/7 during the drilling process regardless of zoning
regulations.
· Heavy truck traffic. 900 to 1350 truck trips to carry the 3 to 9
million gallons of water and
waste water to and from each site. Traffic from garbage trucks is
nothing compared this.
· Holding ponds <http://www.marcellus-shale.us/impoundments.htm>,
up to 5 acres, are allowed to hold used hydrofracturing fluid.
· Potential contaminations of drinking water wells. See video of
drinking water catching on fire in
Candor, New York.
· A grid of gas transport pipelines laid without input from individual
land owners.
· If 60% of the land near you is under lease, yours can be too, with or
without your consent, through “compulsory
integration.”
*Specific Shortcomings of the Regulations*
There are hundreds of problems with the sGEIS, but here is the tip of
the iceberg:
· The sGEIS is full of the word “suggest” but lacks the word “require.”
Simply changing those
words would actually put some teeth in the regulations.
· The DEC admits that toxicity data are unavailable for many of the
allowable hydrofracturing
chemicals, but will not ban their use until data can be obtained.
· The DEC will not allow potential “green” hydrofracturing materials
because there is not
enough data (yet will allow other more questionable chemicals without
complete data).
· In spite of other states demonstrating that benzene, toluene,
ethylbenzene, and
xylenes are highly toxic, and are banned by the Safe Drinking Water
Act, the DEC
allows these chemicals to be used.
· Hydrofracturing is exempt from the federal Safe Drinking Water Act
and although DEC could adopt protective measures spelled out in the
Act, it doesn’t.
· The DEC requires a list of chemicals which MAY be used but does not
disclose the particular chemical combinations to the public or
scientific community for review.
· Water wells within 1000 feet of a bore hole must be tested, but
testing of lakes and streams is not required.
· The wastewater from the hydrofracturing process (flowback) can be
held in plastic-lined ponds
up to 5 acres in size. Experiences with leaks in PA, WV, TX, and WY
give us good reason to want this material to be stored in enclosed
tanks, but this is not required.
· Local wastewater treatment plants can be permitted to dispose of the
salty, chemical flowback BEFORE they know what is actually in the
hydrofracturing liquid.
· Flowback can contain radioactivity from underground. The DEC has not
addressed how radioactive waste water will be assessed or disposed.
· The sGEIS does not address how DEC staffing will be increased from
the current 17 to handle permitting, oversight, and enforcement of the
drilling process for the proposed thousands of wells.
· Inspectors are not required to be on site when the well casings are
placed. Concrete casing are the critical barrier between the gas and
drinkable water, and if installed improperly, can allow leakage of
contaminants into nearby drinking water (see articles on Dimock,
Pennsylvania
<http://www.propublica.org/feature/water-problems-from-drilling-are-mo
re-frequent-than-officials-said-731>);
· The sGEIS does not mention the potential danger of drilling and
hydrofracturing near our salt mine which consists of a maze of tunnels
under Cayuga Lake.
This list of problems goes on and on. The County Planning Department is
in the process of drafting their response for the DEC, as are the
County’s Environmental Management Council, the Water Resources Council
and others. These groups will have a much more comprehensive analysis
of the potential problems. Check their websites or let me know if you
want this information forwarded to you as it becomes available. Local
attorney, Helen Slottje, has also summarized her findings
<http://www.tompkins-co.org/legislature/TCCOG/Gas%20Drilling/SGEIS%20c
omment%20areas.pdf>.
*Considering Leasing? Think Again*
· Wells can be placed within 100 feet from a residence.
· Part of the insurance liability is still in the homeowners hands.
· Banks are beginning to refuse mortgage financing for leased lands.
· Make sure baseline testing of your water is done before any drilling
begins and ask for copies of the results.
*Who Does and Does Not Regulate*
· DEC has full regulation over permitting, oversight, investigations,
and enforcement.
· *EPA has no oversight* and this drilling is currently exempt from the
federal Safe Drinking Water Act. Please write to Congressman Arcuri
(and Hinchey) and Senators Schumer and Gillibrand asking them
to change this rule (addresses below).
· County Health Departments are required to investigate complaints
about water contamination, but are not in the chain of information
where they would receive the test results. NO extra funding is coming
to counties to increase staff. Another unfunded mandate falling onto
taxpayers, subsidizing an industry making plenty of money.
· As of this moment, the sGEIS only suggests towns be involved, but
does not allow any local oversight or input. We’re working to change
this.
*What can Towns do?*
· */Zoning/**: *Zoning has no bearing on gas well placement. Under the
proposed regulations, the State allows this type of industrial
development next to houses, streams, steep slopes, floodplains,
historic landmarks, scenic views, and in unique natural areas. Towns
can request that the DEC avoid locating wells in these sensitive areas,
but the proposed regulations do not *require* them to be protected. The
Planning
Board and Town Board are working together to submit designations of
critical environmental areas to the DEC with the small thread of hope
to preserve them. Hoping does not constitute strong regulation.
· */Road regulations:/* Towns were working to require permits for
industrial traffic on town roads, but this is proving difficult since
restricting traffic is forbidden by federal regulations. We can permit
the installation of industrial driveways to bring the gas companies in
our door. Once in the door, we still have very little control of what
happens, but at least we would know the location of proposed drilling.
Now, the DEC only notifies towns when the very first well is approved.
· */Refuse wastewater:/* Towns, villages, and cities can refuse to
process the flowback in their wastewater treatment facilities.
· */Involved agencies:/* Towns are lobbying the DEC to become “involved
agencies”. This status would give towns some input in reviewing the
local environmental impact.
· */Moratoria and Bans/*: Some municipalities are testing the
constitutionality of this force-it-down-your-throat
process. Without a doubt there will be legal challenges, but that’s the
point. Legally challenging these regulations is an expensive option
with an unpredictable outcome.
*What Individuals Can Do*
· */Make your voice heard:/** *At a recent meeting with the regional
representative of the Governor’s office, it became clear that the
Governor is not hearing from people who have concerns over the
community impacts of gas drilling. Those who stand to financially
benefit, i.e. individuals with leases and gas companies, are being loud
and clear about their desire to move the process along as quickly as
possible. *Please
write to the governor and your representatives* (contacts below). Your
voice makes a difference.
· */Submit your concerns to the DEC:/** *By law, the DEC is required to
address each concern submitted. The *deadline was extended to December
31^st .* You don’t need to read the whole 800+ pages. Look through the
assessments of experts who have picked through the document to find
where protections are lacking or inadequate. There are 3 ways to submit
comments:
*1)* at a public hearing: see /Meetings/
below, for information on the November 19^th hearing in Ithaca;
*2)* by mail: dSGEIS Comments, Bureau of Oil & Gas Regulation, NYSDEC
Division of Mineral Resources, 625 Broadway, Third Floor, Albany, NY
12233-6500;
*3)* electronically: by electronic submission
lt;http://www.dec.ny.gov/cfmx/extapps/SGEISComments/>form
or email at [email protected]
<mailto:[email protected]>.
See an explanation of to how to submit useful comments
<http://www.dec.ny.gov/energy/59634.html>
and Helen Slottje’s excellent suggestions for how to make your comments
count
<http://www.tompkins-co.org/legislature/TCCOG/Gas%20Drilling/GET%20INV
OLVED.pdf>.
· */Donate to the cause:/* Have you seen the lawn signs or heard the
radio ads? This all costs money. To donate, write a check to "Social
Ventures" with "Shaleshock radio ad/lawn signs" in the memo line and
send to Social Ventures, 124 Westfield Drive, Ithaca 14850
· */Head to a meeting:/*
*Thursday, November 19, The Commons, Bernie Milton Pavilion. 4:30-6:30
*Shaleshock is organizing a rally
<http://www.shaleshock.org/wp-content/uploads/2009/11/rallyflyerimagef
inal.jpg>.
Presenters include Dan Lamb, Barbara Lifton, Walter Hang, Marty Luster,
and more.
*Thursday, November 19, State Theater, 7:00pm. *Tompkins County Council
of Governments is organizing an official public hearing
<http://www.tompkins-co.org/legislature/TCCOG/Gas%20Drilling/Release.p
df>to
collect oral and written comments for the DEC in response to the sGEIS
in time for the December 31^th deadline. Doors open at 6:00. Comments
will be taken in the order of signup but attendees are also strongly
encouraged to put their thoughts on paper to be submitted to the DEC as
official public comment.
· *Monday*, *November 23, 7:00pm, Women’s Community Building.* Known
oil and gas drilling hazards in New York will be presented. A coalition
letter campaign will be outlined to require Governor Paterson to
withdraw the Department of Environmental Conservation's inadequate
sGEIS. 607-273-3388. Sign the petition
<http://www.toxicstargeting.com/MarcellusShale/coalition_letter>
*Monday, November 30^th , Owego Treadway Inn. 8:15-5:00. Cornell
Cooperative Extension* is holding a Marcellus Shale Summit
<http://cce.cornell.edu/Community/Pages/NaturalGas.aspx>to
address key questions. Where do people and communities go from here in
addressing the many issues associated with gas drilling?
*Saturday, December 5th , State Theater, 8:00pm *Benefit concert
<http://www.shaleshock.org/dec-5th-life-is-water-benefit-concert/>t
o defend the Finger Lakes from the negative impacts from industrial
drilling using hydrofracturing. Bands include Donna the Buffalo, Sim
Redmond, and the Horseflies.
*Thursday, December 10th , 7:00, Trumansburg Fire Hall*.
Back to Democracy presents the movie, Split Estate. This film is of
value to anyone wrestling with rational, sustainable energy policy
while preserving the environment and human health.
*Additional Sources of Information: *
Toxics Targeting
<http://www.toxicstargeting.com/MarcellusShale>website.
Walter Hang’s site is a wealth of new information.
See an online copy of the 804 page sGEIS
<ftp://ftp.dec.state.ny.us/dmn/download/OGdSGEISFull.pdf>or
a print copy at the Ulysses Town Hall and also at the Ulysses
Philomathic Library.
Cornell Cooperative Extension provides an assessment of impacts on
water
<http://waterquality.cce.cornell.edu/naturalgasdrilling.htm>from
gas drilling.
Shaleshock <http://www.shaleshock.org/>.A local public action
group.
ProPublica
<http://www.propublica.org/series/buried-secrets-gas-drillings-environ
mental-threat>has
been reporting on hydrofracturing in other states and the problems
they’ve seen.
*Emergency Medical Services*
Just so you know there are other things going on (actually plenty),
here is an explanation from the Village of Trumansburg about their
proposed new billing system for emergency medical services
<http://www.trumansburg-ny.gov/docs/EMS_Info_111209.doc>.
Here's to Ulysses,
Liz Thomas
[email protected]
<mailto:[email protected]>
387-8170
*For more official and unofficial information:*
Where opinions are expressed, they are mine alone and do not
necessarily represent the understanding or attitude of the entire
Board. Approved minutes of the Town can be found at
http://www.ulysses.ny.us/town-offices.html
<http://www.ulysses.ny.us/>.
Please let me know if you would like to be removed from this list or if
you have others who would like to be added.
Governor Paterson
State Capitol
Albany, NY 12224
or call 518-474-8390
Kevin McCabe
Regional Representative to the Governor
State Office Building
44 Hawley St. Rm 1604A
Binghamton, NY 13902
Secretary for the Environment (fornerly Judith Enck; new one may not
yet be appointed)
State Capital Executive Chambers
Room 245
Albany, NY 12224
DEC Commissioner Grannis
625 Broadway, 14th Floor
Albany, NY 12233
518 - 402-8540
State Senator George Winner
Room 415
Legislative Office Building
Albany, NY 12247
Phone: (518) 455-2091
Fax: (518) 426-6976
State Assemblywoman Barbara Lifton
106 East Court Street
Ithaca, NY 14850
607-277-8030
Representative Maurice Hinchey
Ithaca Office:
Office of Rep Hinchey
123 S. Cayuga St. #201
Ithaca, NY 14850
Phone: (607) 273-1388
Phone: (202) 225-6335
Representative Michael Arcuri
10 Broad St. Utica, NY 13501
Phone: 202-225-3665
District Offices:
Auburn: 315-252-2777
DC: 202 225 3665
Senator Charles Schumer
15 Henry St
Room M103
Binghamton, NY 13901
(202) 224-6542
Senator Kirsten Gillibrand
James M. Hanley Federal Office Building
100 South Clinton St. Room 1470
PO Box 7378
Syracuse, NY 13261
(mail to the Washington address is often delayed)
315-448-0470 (202) 224-4451 in DC
_______________________________________________
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