New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 7 - Executive Orders (David A. Paterson) › Section 7.41 - Executive order. no. 41: requiring further environmental review of high-volume hydraulic fracturing in the marcellus shale

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the 2009 New York State Energy Plan supports the
					 development of in-State energy resources, including natural gas, to achieve the
					 Plan's multiple public policy objectives; and
WHEREAS, low-volume hydraulic fracturing, or conventional
					 fracking, has been used successfully and safely in New York State for many
					 years to extract natural gas consistent with the Generic Environmental Impact
					 Statement (GEIS) for Oil, Gas and Solution Mining Regulatory Program
					 promulgated by the New York State Department of Environmental Conservation
					 (Department) in 1992; and
WHEREAS, new technologies have emerged, and are being
					 deployed in other states, to extract natural gas more efficiently through a
					 process known as high-volume hydraulic fracturing combined with horizontal
					 drilling; and
WHEREAS, there is a need for further study of this new
					 technology prior to deployment in New York State; and
WHEREAS, in 2008, I directed the Commissioner of
					 Environmental Conservation to initiate a formal public process to update the
					 1992 GEIS to ensure that any new technologies deployed in New York State are
					 first thoroughly analyzed and regulated to ensure that all environmental and
					 public health impacts are mitigated or avoided; and
WHEREAS, the Department issued a draft scope for an updated
					 GEIS on October 6, 2008, held public meetings in the Marcellus shale region,
					 received more than 3,000 written comments, and issued a final scope for the
					 Supplemental Generic Environmental Impact Statement (SGEIS) on February 6,
					 2009. The Department released the Draft SGEIS for public review and comment on
					 September 30, 2009, held four public hearings in the region and New York City,
					 and received more than 13,000 written comments during a public comment period
					 that closed December 31, 2009; and
WHEREAS, tens of thousands of citizens, landowners, local
					 governments, large and small businesses, non-governmental organizations, and
					 other stakeholders have expressed their heartfelt support for or opposition to
					 the new technology, but most agree that an objective, science-based analysis is
					 the best approach to setting new policy.
NOW, THEREFORE, I, David A. Paterson, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 laws of the State of New York, do hereby order as follows:
1. The Department shall complete its review
				  of the public comments, make such revisions to the Draft SGEIS that are
				  necessary to analyze comprehensively the environmental impacts associated with
				  high-volume hydraulic fracturing combined with horizontal drilling, ensure that
				  such impacts are appropriately avoided or mitigated consistent with the State
				  Environmental Quality Review Act (SEQRA), other provisions of the Environmental
				  Conservation Law and other laws, and ensures that adequate regulatory measures
				  are identified to protect public health and the environment; and
2. On or about June 1, 2011, the Department
				  shall publish a Revised Draft SGEIS, accept public comment on the revisions for
				  a period of not less than thirty days, and may schedule public hearings on such
				  revisions to be conducted in the Marcellus shale region and New York City;
				  and
3. Recognizing that, pursuant
				  to SEQRA, no permits may be issued prior to the completion of a Final SGEIS,
				  the Department, subsequent to the conclusion of the public comment period,
				  shall report to the Governor on the status of the Final SGEIS and the
				  regulatory conditions that are necessary to include in oil and gas well permits
				  to protect public health and the environment.
Signed: David A. PatersonDated: December 13,
					 2010