These comments on the proposed DEC regulations on Marcellus Shale Development pertain primarily to health and safety issues. Since the previous GEIS1, DEC has examined the regulatory experience in other states and responded to the concerns of New York City and State residents. The agency has done an excellent job in applying the experience of other States to New York. Nevertheless, the regulatory approach by DEC still needs major improvements and will not be protective of gas workers, the public and the environment. The author of these comments has had 20 years experience examining NORM in oil and gas exploration and production in Louisiana, Texas, Kentucky, Mississippi and more recently in New York State.

As with our previous comments on the rdsgeis2, these comments do not directly pertain to the visual, noise or socioeconomic impacts of fracking .

General Comments in Support of Proposed Regulations

The following sections of the proposed regulations are highly commendable and should be supported. Prior to drilling, DEC will require water well testing to establish a baseline. With this information, the State can know whether an aquifer has become contaminated, and can require cleanup to background. The State will also require information on nearby wells, including abandoned wells. This is important because increased pressure in the gas reservoir during fracking operations may lead to release of gas from nearby wells. DEC will also require a plan for disposal of flowback water and brine before drilling. This is important because flowback water and brine will be radium- contaminated and must be properly disposed of. If flowback water and brine go to treatment plants, DEC will require SPDES permits for treatment plants and documentation of treatment plans before use, including monitoring requirements and testing at elap-certified labs.

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