Basin commission issues watershed drilling rules while N.Y. officials call for delay

http://www.strausnews.com/articles/2010/12/17/pike_county_courier/news/2.txt
December 16, 2010

Turbulent week in natural gas drilling issue
Basin commission issues watershed drilling rules while N.Y. officials call for delay

West Trenton, N.J.  For better or worse, rhetoric turned to action this past week as the Delaware River Basin Commision (DRBC) issued rules for the controversial horizontal drilling process for natural gas.

According to DRBC, the ruling “applies to all natural gas development projects involving siting, construction, or use of production, exploratory, or other wells in the basin regardless of the target geologic formation, and to water withdrawals, well pad and related activities, and wastewater disposal activities comprising part of, associated with, or serving such projects.”

Early responses were predictably mixed as proponents in New York and Pennsylvania saw the rules as a break in a logjam that would allow development of leases and new economic activity.

Opponents point to widespread instances of ground water pollution from chemicals pumped into drilling holes to “frack” or break up and separate gas in the Marcellus shale formation. They noted that the rules will allow companies with large areas of contiguous leased properties to drill throughout their holdings with a single permit.

Reviewers continue to evaluating the new rules but N.Y. opponents say despite their content, they should not have been issued prior to the completion of environmental studies.

The DRBC rules were issued Dec. 9, days after passage of a three-month moratorium on all gas drilling by N.Y.  State Legislature and a letter to the commission from N.Y. Governor David Paterson asking for a delay in the rulemaking until state and city studies were completed.

In asking for delay and consultation, Paterson wrote on Dec. 6 that, “DRBC appears intent on going forward with a regulatory program that would not have the advantage of the full investigations and public deliberations taking place in New York.”

New York State earlier decided that separate environmental reviews would be necessary for any natural gas projects that might be proposed within the unfiltered New York City drinking water watershed surrounding its upstate reservoirs and the DRBC rules have ceded lead decision making to the various state governments.

Still, N.Y. City Mayor Michael Bloomberg wrote on Nov. 17, also asking for delay during ongoing studies, “Because full-scale development of natural gas exploitation in the watershed could degrade water quality, a rush to regulate and drill risks the long-term viability of one of the most important drinking water sources in the United States”.

The mayor said the “stakes are high” and that billions have been invested in clean water in the Delaware River watershed, which provides drinking water for some 15 million people.

Paterson on Dec. 11 vetoed the state moratorium bill and issued an executive order which would prohibit horizontal fracking gas exploration until July 1, while allowing continuing operation of conventional vertical gas drilling.

The full text of the 83-page document is online at http://www.state.nj.us/drbc/notice_naturalgas-draftregs.htm .

There will be a 90-day comment period, with written comments, via surface mail and e-mail through the DRBC Web site, accepted through the close of business (5 p.m.) March 16. Other forms of comment will not be accepted.

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