E.P.A., Concerned Over Gas Drilling, Questions New York State’s Plans

New York Times
30 December 2009
By Mireya Navarro

The federal Environmental Protection Agency told New York State on Wednesday that it had major concerns about how proposed hydraulic drilling for natural gas would affect public health and the environment, and urged it to undertake a broader study of the potential impact.

In formal comments on the state’s proposed regulations governing new natural gas drilling, the E.P.A. said it was particularly concerned about the regional water supply, air quality, wastewater treatment and radioactive materials that could be disturbed during drilling.

It recommended that “essential environmental protection measures” be taken before the state begins to review permit applications for the drilling, which is envisaged in the Marcellus Shale region.

The region includes New York City’s watershed in the Catskills. The Chesapeake Energy Corporation, which owns the lease to drill in the watershed, has backed off from plans to drill there specifically, but opponents of drilling have argued that the promise means little and could be reversed.

The draft regulations apply to a technology known as hydraulic fracturing, which involves blasting huge volumes of water mixed with chemicals into rock to extract gas. The process results in significant amounts of wastewater and has stirred concern about the risk of contamination and about water disposal issues.

In a statement, Yancey Roy, a spokesman for the State Department of Environmental Conservation, said it “appreciated” the federal agency’s comments but had no detailed response.

“At this time we are still taking input from the public and it would not be appropriate to respond to specific comments,” he said.

The federal agency was not required to weigh in as a regulator in what amounts to a state process to assess the environmental impact of drilling. But the agency’s involvement was welcomed by those who share similar concerns in what has become a highly polarizing issue in New York.

New York City officials, who oppose drilling in the watershed that supplies the city’s drinking water, views the E.P.A.’s comments as corroboration of their view that the state’s environmental impact statement is “flawed and should be rescinded,” said Marc La Vorgna, a spokesman for Mayor Michael R. Bloomberg.

“It does not adequately address the risks to the city’s drinking water,” he said.

Katherine Nadeau, water and natural resources program associate with Environmental Advocates of New York, a nonprofit group, described the federal agency’s letter as “nothing short of awesome.”

“The E.P.A. rightly echoes the concerns of tens of thousands of New Yorkers,” she said. “The D.E.C. needs to ditch the draft natural gas guidelines.”

E.P.A. officials did not specifically call for a ban on drilling in watershed areas. But they said the agency had “serious reservations about whether gas drilling in the New York City watershed is consistent with the vision of long-term maintenance of a high-quality unfiltered water supply.”

They recommended “a very cautious approach in all watershed areas.”

The agency also suggested that state regulators join forces with the New York State Department of Health, which enforces rules on safe drinking water, and with the New York State Public Service Commission, which regulates the construction and operation of the pipes that gather the natural gas.

They should work jointly, the E.P.A. said, to produce a more complete final document that addresses all issues of concern.