New York Section AWWA Update: Hydraulic Fracturing by Paul J. Granger, P.E. Hydraulic Fracturing Committee Chair H igh-volume hydraulic fracturing— hydrofracking (HVHF) continues to be a high profile and controversial issue in New York State. Since HVHF is being performed or planned in other parts of the country, this topic still generates national media stories on a daily basis. The hydrofracking committee continues to monitor the HVHF topic on a daily basis and is working closely with the AWWA Washington DC office, the NY Water Environment Association, and the New York Rural Water Association on the issue. This past November representatives from the NY Water Environment Association, the NY Section American Water Works Association and the New York Rural Water Association attended a high level meeting with the NYSDEC in Albany to review and discuss water industry concerns with respect to HVHF. Representatives from each organization met with Eugene Leff, Deputy Commissioner of Remediation & Materials Management and Jim Tierney, Assistant Commissioner of Water Resources. Other high level NYSDEC officials were also in attendance. DEC representatives indicated that drilling on a limited basis was planned for 2014 pending finalizing of the SGEIS and issuance of regulations. Movement on both was awaiting the completion of a state commissioned health study. Specific NYSAWWA comments and concerns discussed during the meeting included: sentatives from all three organizations to attend future Water Management Advisory Board meetings. Status of HVHF in New York: HVHF in New York is remains on hold. Governor Cumo continues to delay his decision on HVHF. Based on the decision delay, the Department of Environmental Conservation’s proposed regulations for large-scale hydrofrackin officially expired on February 27, 2013.The deadline for finalizing the rules—which would have allowed fracking to move forward with strict limitations—came and went on February 27 after Health Commissioner Nirav Shah stated that he needed more time to complete a review of the health impacts. The DEC—if it decides to implement formal regulations—would have to re-propose them in the register, and open them to a 45-day public comment period and at least one hearing. The New York State Health Department study on the potential effects on health from HVHF is still underway and has not been released. The study was originally slated for release back in February but has been delayed for a myriad of reasons. The Commissioner of Health has recommended that the Governor not move forward until the study is completed. The NYS Assembly passed legislation earlier in the 2013 session to place a two year ban on hydrofracking, but the NYS Senate has not passed any similar legislation. Co-majority Senate Leader Dean Skelos has indicated that the Senate is • The need for adequate regulatory oversight for effective water not planning to adopt a fracking ban at this time. According resource protection. to a March 11, 2013 Bloomberg News report the Senator as • A “one size fits all” approach for evaluating and protecting stated that “he will block a vote on a bill to extend a ban on subsurface geology and aquifer hydrogeology is inadequate fracking.” Senator Skelos also stated that a ban is unnecesand must be predicated on actual local conditions. sary since the Governor has a process in place. • Radioactivity contaminants in the wastewater and drill cuttings are a potential significant issue that must be addressed. At this time it is still unclear if the state budget allocates ample funds for commencing with HVHF over the next year. This Based on the meeting discussions, it is clear that the Hydraulic Fracturing... NYSDEC understands the importance of adequate regulatory Continued on Page 18 oversight and is looking into many options (severance tax, impact fees, etc.) and is developing a budget for submission to the Governor. NYSDEC also agreed that a site specific review of well pads within principal aquifers will be performed and be subject to SEQRA review. To address radioactive contaminants the NYSDEC will require the development and submission of a waste disposal plan from HVHF drillers. The NYSDEC stated that they strongly support and will use a multibarrier approach to drinking water protection. This approach included ample setbacks/ clearances, proper well casing construction, secondary containment and stormwater protection measures. Participants left the meeting with a better understanding of the approach NYSDEC will take on this issue. In turn, the NYSDEC will consider our organizations as a credible technical resource on the HVHF issue. NYSDEC also invited repre- 8 SPRING/SUMMER 2013 AqUARIUS