High Volume Hydraulic Fracturing Proposed Regulations
6 NYCRR Parts 52, 190, 550-556, 560, and 750
The New York State Department of Environmental Conservation (DEC) filed a Notice of Continuation with the Department of State to extend the rulemaking process by 90 days in order to give New York State Commissioner of Health, Dr. Nirav Shah, time to complete his review of the draft Supplemental Generic Environmental Impact Statement. This extension was necessary, in part, because Commissioner Martens requested and Dr. Shah agreed to provide an additional review, in consultation with outside experts, of whether DEC has adequately addressed potential impacts to public health. This filing with the Department of State merely extended the rulemaking period to enable Dr. Shah to complete his review and DEC time to take into account the results of Dr. Shah's review and continue to consider the potential impacts of high-volume hydraulic fracturing.
In order to receive the needed extension, DEC was required by law to refile the draft regulations along with responses to public comments received during the public comment period, and preliminary revisions, responsive to those comments. The refiled rule does not reflect current DEC policy with respect to whether or not hydraulic fracturing can be done safely in New York. That determination will be based on the findings of the environmental impact statement and Dr. Shah's public health review of that document.
DEC will not take any final action or make any decision regarding hydraulic fracturing until after Dr. Shah's health review is completed and DEC, through the environmental impact statement, is satisfied that this activity can be done safely in New York State.
If DEC decides that hydraulic fracturing cannot be safely done in New York, these regulations will not have any practical effect and the process will not go forward. If DEC decides that the process can be done safely, these regulations would be adjusted in accordance with the health and safety requirements and issues addressed in the Supplemental Generic Environmental Impact Statement.
Revised Express Terms:
- Revised Proposed Express Terms 6 NYCRR Parts 52 and 190 (HTML Version) or (PDF Version - 49 KB)
- Revised Proposed Express Terms 6 NYCRR Parts 550 through 556 and 560 (HTML Version) or (PDF Version - 261KB)
- Revised Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 (HTML Version) or (PDF Version - 141KB)
Assessment of Public Comments Summary 6 NYCRR Parts 52, 190, 550-556, 560, and 750 (PDF) (29KB) - Summary of comments received during the comment period.
Assessment of Public Comments 6 NYCRR Parts 52, 190, 550-556, 560, and 750 (PDF) (1MB) - Comments received from September 28, 2011 through January 11, 2012.
Paper copies of the proposed regulations may be found at these locations: Document Repository for Paper Copies (PDF) (770 KB)
Public Comment Period
The public comment period closed on January 11, 2013.
More about High Volume Hydraulic Fracturing Proposed Regulations:
- Revised Proposed Express Terms 6 NYCRR Parts 52 and 190 - Use of State Lands Administered by the Division of Fish, Wildlife and Marine Resources and Use of State Lands.
- Revised Proposed Express Terms 6 NYCRR Parts 550 through 556 and 560 - information on changes pertaining to Mineral Resources.
- Revised Proposed Express Terms 6 NYCRR Parts 750.1 and 750.3 - changes regarding obtaining a SPDES permit and adding a new sub-part for high-volume hydro fracturing.
- Revised Rural Area Flexibility Analysis - information about compliance with the rules; costs; minimizing adverse impacts; and rural area participation.
- Revised Job Impact Statement - information about the nature of any impact and self-employment opportunities.
- Revised Regulatory Impact Statement Summary - brief description of the statutory authority and legislative objectives; needs and benefits; cost to industry; state costs; local government mandates; paperwork, duplication; alternatives; federal standards; and compliance schedule.
- Revised Regulatory Impact Statement - detailed explanation of the statutory authority; legislative objectives; needs and benefits; cost to industry; state costs; local government mandates; paperwork, duplication; alternative approaches; federal standards; and compliance schedule.
- Revised Regulatory Flexibility Analysis for Small Business and Local Governments - information about the effects of the rules; compliance requirements; professional services; compliance costs; economic and technological feasibility; minimizing adverse impact; and small business and local government participation.
- Revised Summary of Express Terms - The proposed revised rules include revisions and additions to the Department's oil and gas regulations, regulations on the management of state land and to State Pollutant Discharge Elimination System (SPDES) permitting regulations.
