Findings

FINAL SUPPLEMENTAL GENERIC
ENVIRONMENTAL IMPACT STATEMENT
ON THE OIL, GAS AND SOLUTION MINING
REGULATORY PROGRAM
Regulatory Program for Horizontal Drilling and High-Volume
Hydraulic Fracturing to Develop the Marcellus Shale and
Other Low-Permeability Gas Reservoirs

FINDINGS STATEMENT

June 2015

LEAD AGENCY: NYSDEC
LEAD AGENCY CONTACT: EUGENE J. LEFF
Deputy Commissioner of Remediation & Materials Management
NYSDEC, 625 Broadway, 14th Floor
Albany, NY 12233
P: (518) 402-8044

www.dec.ny.gov

Pursuant to Article 8 of the Environmental Conservation Law, the State Environmental
Quality Review Act (SEQRA), and its implementing regulations set forth at 6 NYCRR Part
617, the New York State Department of Environmental Conservation makes the following
findings:
Lead Agency:

New York State Department of Environmental Conservation

Address:

Central Office, 625 Broadway, Albany, NY 12233

Name of Action:

Regulatory Program for Horizontal Drilling and High-Volume
Hydraulic Fracturing to Develop the Marcellus Shale and Other
Low-Permeability Gas Reservoirs

Description of Action:

High-volume hydraulic fracturing, which is often used in
conjunction with horizontal drilling and multi-well pad
development, is an approach to extracting natural gas that raises
new and significant adverse impacts not studied in 1992 in the
NYSDEC’s previous Generic Environmental Impact Statement on
the Oil, Gas and Solution Mining Regulatory Program (GEIS).
DEC prepared a Supplemental Generic Environmental Impact
Statement (SGEIS) to satisfy the requirements of SEQRA by
studying the high-volume hydraulic fracturing technique,
identifying significant adverse impacts for these anticipated
operations that were not identified in the GEIS, and identifying
mitigation measures to minimize adverse environmental impacts.
The SGEIS was therefore used in considering if and under what
conditions high-volume hydraulic fracturing should be allowed in
New York State.

Location:

Statewide

Date SGEIS filed:

May 13, 2015

Findings Statement, Page 1

I.

INTRODUCTION

Pursuant to the State Environmental Quality Review Act (SEQRA) and its implementing
regulations, and as mandated by Executive Order 41, this Findings Statement constitutes the
findings of the New York State Department of Environmental Conservation (Department or
DEC) with respect to whether permits to drill, deepen, plug back or convert wells that use highvolume hydraulic fracturing to develop natural gas resources in the Marcellus Shale and other
low-permeability gas reservoirs should be authorized in New York State. This Findings
Statement draws upon information in the Supplemental Generic Environmental Impact Statement
(SGEIS or Final SGEIS) issued by the Department on May 13, 2015, and documents
encompassed in the FSGEIS, including the extensive public comments and the Department’s
Response to Comments, the revised draft SGEIS prepared in September 2011 (rdSGEIS), the
draft SGEIS prepared in September 2009 (dSGEIS), and the 1992 Generic Environmental Impact
Statement (1992 GEIS) on the Department’s Oil, Gas, and Solution Mining Regulatory Program.
A.

Background and Description of Action

High-volume hydraulic fracturing utilizes a well stimulation technique that has greatly increased
the ability to extract natural gas from very tight rock. 1 There are several distinct phases
associated with well development that uses high-volume hydraulic fracturing. They are: 1) the
construction phase, which consists of land disturbance and clearing of trees and other lands to

1

High-volume hydraulic fracturing is defined as the stimulation of a well using 300,000 or more gallons of water as the base
fluid for hydraulic fracturing for all stages in a well completion, regardless of whether the well is vertical or directional,
including horizontal. The 300,000-gallon threshold is the sum of all water, fresh and recycled, used for all stages in a well
completion. Well stimulation requiring less than 300,000 gallons of water as the base fluid for hydraulic fracturing for all
stages in a well completion is not considered high-volume, and will continue to be reviewed and permitted pursuant to the
1992 GEIS, and 1992 and 1993 Findings Statements. Wells using less than 300,000 gallons of water for hydraulic fracturing
per completion do not have the same magnitude of impacts. Indeed, wells hydraulically fractured with less water are generally
associated with smaller well pads and many fewer truck trips, and do not trigger the same potential water sourcing and disposal
impacts as high-volume hydraulically fractured wells. The 300,000-gallon threshold also applies if a re-completion of an
existing well involves hydraulic fracturing using 300,000 gallons or more of water for the re-completion. The 300,000-gallon
threshold is calculated based on all stages per well completion or well re-completion, not cumulative use for separate
completions or re-completions.

Findings Statement, Page 2

construct well pads, access roads, and other supporting infrastructure; 2) the drilling phase,
which consists of the operation of heavy machinery to drill wells typically 4,000 feet in length,
producing significant quantities of drill cuttings; 3) the hydraulic fracturing and completion
phase, which consists of a well stimulation technique involving the pumping of a mixture of
water and chemical additives, some of which potentially pose hazards to public health and the
environment, down a well bore at high pressure, followed by the “flowback” of fluids and
natural gas; 4) the production phase, which consists of removal of drilling and well completion
equipment, partial reclamation of the well pad, and installation of equipment at the wellhead to
capture natural gas and transmit the gas to compressor stations, gathering lines, and ultimately
the end user; and 5) the reclamation phase, which occurs when the well or wells at the pad are no
longer producing natural gas, the well is plugged and closed, and restoration of the disturbed area
is implemented.
High-volume hydraulic fracturing, which is often used in conjunction with horizontal drilling
and multi-well pad development, raises new, potentially significant, adverse impacts that were
not studied in the 1992 GEIS. 2 High-volume hydraulic fracturing is distinct from other methods
of well completion that have been allowed in the State under the 1992 GEIS and Department
permits due to the much larger volumes of water used to conduct hydraulic fracturing operations.
When using high-volume hydraulic fracturing with horizontal well drilling, a number of wells
are drilled from a single well pad (a multi-well pad). Although horizontal drilling has the
potential to result in fewer well pads than traditional vertical well drilling, pads where highvolume hydraulic fracturing would be employed are larger and the industrial activity associated
with high-volume hydraulic fracturing on the pads would be more intense. Indeed, the average
disturbance associated with a multi-well pad, access road and proportionate infrastructure during
the drilling and fracturing stage is estimated at 7.4 acres, compared to the average disturbance
associated with a well pad for a single vertical well during the drilling and fracturing stage,
which is estimated at 4.8 acres. Horizontal drilling also facilitates natural gas extraction from
many areas where conventional natural gas extraction had been commercially unprofitable.
Therefore, drilling, well construction and well operation would likely be widespread in certain
2

The 1992 GEIS is posted on the Department’s website at http://www.dec.ny.gov/energy/45912.html. The 1992 GEIS
includes an analysis of impacts from well drilling as well as hydraulic fracturing. Since 1992 the Department has used the
1992 GEIS as the basis of its SEQRA review for permit applications for gas drilling in New York State.

Findings Statement, Page 3

regions of the State and would impact areas that have previously not been subject to significant
oil and gas development. Also, high-volume hydraulic fracturing requires significantly more
water, and chemical additives, which may pose public health hazards through potential exposure.
The high volumes of fracturing liquids associated with this type of well completion raise
concerns about potential significant adverse impacts to water supplies, wastewater treatment and
disposal and truck traffic. Horizontal wells also generate greater volumes of drilling waste
(cuttings) than vertical wells drilled to the same target formation. In addition, development of
low-permeability reservoirs using high-volume hydraulic fracturing has the potential to
industrialize rural areas of New York. Industry projections of the level of drilling, as reflected in
the intense development activity in neighboring Pennsylvania, have raised additional concerns
relating to air quality, truck traffic, noise, habitat, cultural, historic and natural resources,
agriculture, community character and socioeconomics.
In New York, the primary target for shale-gas development is currently the Marcellus Shale, with
the deeper Utica Shale also identified as a potential resource. Additional low-permeability
reservoirs may be considered in the future by project sponsors for development by high-volume
hydraulic fracturing.
The purpose of the SGEIS process for high-volume hydraulic fracturing was to assess the
potential environmental impacts created by this process of extracting natural gas. Once the
potential impacts are assessed, the Department also must evaluate whether mitigation measures
can eliminate or reduce significant adverse environmental impacts to the maximum extent
practicable, and if so, whether measures should be imposed consistent with SEQRA and the
Environmental Conservation Law (ECL). 3 The Department must conclude that a high-volume
hydraulic fracturing permitting program is consistent with the Department’s mission as laid out
in Article 1 of the ECL to “conserve, improve, and protect its natural resources and environment
and to prevent, abate and control water, land and air pollution, in order to enhance the health,
safety and welfare of the people of the state and their overall economic and social well being.” 4
Additionally, the Department’s regulatory role related to mineral resources is described in

3

See Article 8 of the ECL and 6 NYCRR Part 617

4

ECL § 1-0101(1)

Findings Statement, Page 4

Article 23 of the Environmental Conservation Law where the legislature declared it “to be in the
public interest to regulate the development, production, and utilization of natural resources of oil
and gas in this state in such a manner as will prevent waste….” 5
As explained in detail below, the Department has determined that there are potential significant
adverse environmental and public health impacts associated with high-volume hydraulic
fracturing operations. Even with the implementation of an extensive suite of mitigation measures
considered by the Department and described in these findings, the significant adverse public
health and environmental impacts from allowing high-volume hydraulic fracturing to proceed
under any scenario cannot be adequately avoided or minimized to the maximum extent
practicable in accordance with SEQRA. In addition, as further described below, significant
uncertainty remains regarding the level of risk to public health and the environment that would
result from permitting high-volume hydraulic fracturing in New York, and regarding the degree
of effectiveness of proposed mitigation measures. Consequently, and due to the limited
economic and social benefits that would be derived from high-volume hydraulic fracturing, the
No-Action alternative is the only reasonable alternative consistent with social, economic and
other essential considerations. The Department is therefore selecting the No-Action alternative.
These findings will apply statewide.
B.

Procedural History

In 2008, the Department determined that some aspects of the current and anticipated application
of high-volume hydraulic fracturing warranted further review under SEQRA. The Department
commenced a public process to develop the SGEIS with public scoping sessions in the autumn of
2008.

February 2009 Final Scope - The Department released a draft Scope for public review in
October 2008, and held public scoping sessions at six venues in the Southern Tier and Catskills
in November and December, 2008. A total of 188 verbal comments were received at these
sessions. In addition, over 3,770 written comments were received (via e-mail, mail, or written
5

ECL § 23-0301

Findings Statement, Page 5

comment card). The Department completed the Final Scope in February 2009, which outlined
the analysis required for a thorough understanding of the potentially significant adverse
environmental impacts of high-volume hydraulic fracturing in low-permeability reservoirs.
2009 Draft SGEIS - The Department released the 2009 draft SGEIS for public review on
September 30, 2009 and held public hearings at four venues in New York City (NYC), the
Catskills and the Southern Tier in October and November, 2009. Comments were accepted at
the hearings verbally and in writing, by postal mail, by e-mail and through a web-based
application developed specifically for that purpose. More than 2,500 people attended the
Department hearings, and more than 200 verbal comments were delivered by individuals, local
government officials, representatives of environmental groups and other organizations and
members of the oil and gas industry. The Department also received over 13,000 comments via email, postal mail and the web-based comment system. In addition, transcripts from hearings held
by the New York State Assembly, the City of Oneonta, and the Tompkins County Council of
Governments on the 2009 draft SGEIS also provided the Department with numerous comments.
Executive Order 41- On December 13, 2010, former Governor David Paterson issued Executive
Order No. 41 (EO 41), which directed the Department to publish a revised draft SGEIS and to
accept public comment on the revisions. EO 41 is commonly referred to as a “moratorium” on
high-volume hydraulic fracturing because it recognizes that under SEQRA, permits to drill wells
using this method cannot be issued until completion of the SGEIS process. On January 1, 2011,
Governor Andrew Cuomo continued EO 41.
2011 Revised Draft SGEIS - The 2011 revised draft SGEIS was released for public comment on
September 7, 2011 and the comment period was continued until January 11, 2012. Hearings
were held in four locations throughout the state in November 2011. In response to the public
comment period and public hearings, the Department received approximately 67,000 comments
and public hearing statements on the revised draft.
2011 Draft Regulations – In October of 2011, following release of the 2011 revised draft SGEIS,
the Department proposed draft regulations to be considered as part of a comprehensive
regulatory program described in the draft SGEIS. The Department received 180,000 comments

Findings Statement, Page 6

on the draft regulations. On February 27, 2013, the proposed regulations expired under
provisions of the State Administrative Procedure Act. 6
2014 DOH Public Health Review - In September of 2012, the Department requested that the
New York State Department of Health (DOH) review and assess the Department’s analysis of
potential health impacts contained in the revised Draft SGEIS. DOH published that review in
December 2014.
2015 Final SGEIS – The Final SGEIS includes a consolidated summary of the substantive
comments received on both the 2009 dSGEIS and the 2011 rdSGEIS, along with responses to
substantive comments. The Final SGEIS was publically released on May 13, 2015.

C.

Interested Agencies

The Department, as the only agency with jurisdiction to fund, approve, or undertake the Action,
is the lead agency for the Action and there are no other involved agencies in the Action.
Nevertheless, the Department coordinated and consulted with many interested agencies during
the SGEIS process. The following agencies have participated in the SGEIS process because of
specific expertise or concerns related to it:

6

•

The New York State Office of General Services (OGS)

•

The New York State Public Service Commission (PSC)

•

The New York State Department of Health (DOH)

•

The New York State Department of Transportation (DOT)

•

The New York State Department of Agriculture and Markets (Ag & Mrkts)

•

The New York State Office of Parks, Recreation and Historic Preservation (OPRHP)

See SAPA § 202(2) and (3)

Findings Statement, Page 7

•

The New York State Energy Research and Development Authority (NYSERDA)

•

The New York State Department of Financial Services (DFS)

•

The New York State Department of Law (DOL)

•

The United States Department of Transportation (USDOT)

•

The United States Environmental Protection Agency (USEPA)

•

The New York City Department of Environmental Protection (NYCDEP)

•

The Susquehanna River Basin Commission (SRBC)

•

The Delaware River Basin Commission (DRBC)

D.

Purpose and Need for the Action

Article 23 of the ECL confers upon the Department jurisdiction to, among other things, regulate
oil and natural gas development in New York State. Consequently, any person seeking to drill
and extract oil or natural gas must obtain a permit from the Department pursuant to Title 5 of
Article 23 of the ECL.
The exploration and development of natural gas resources provides one method of serving the
public’s need for energy. Natural gas consumption comprises approximately 23 percent of the
total energy consumption in the United States. Natural gas is used for many purposes: home
space and water heating; cooking; commercial and industrial space heating; commercial and
industrial processes; as a raw material for the manufacture of fertilizer, plastics, and
petrochemicals; as vehicle fuel; and for electric generation.
The Marcellus Shale formation has attracted attention as a significant source of natural gas
production. The Marcellus Shale extends from Ohio and West Virginia into Pennsylvania and
New York. In New York, the Marcellus Shale is located in much of the Southern Tier and

Findings Statement, Page 8

adjoining areas, stretching from Chautauqua and Erie Counties in the west to the counties of
Sullivan, Ulster, Greene and Albany in the east.
The Department recognizes that energy created from natural gas has had a relatively beneficial
environmental impact in reducing the amount of energy derived from oil and coal-based sources
The Department acknowledges the need for, and will continue to foster, the transition from fossil
fuels to non-emitting clean energy sources in order to reduce greenhouse gas (GHG) emissions
overall. However, increased availability of low-cost natural gas has the potential to reduce the
implementation of various types of renewable energy and energy efficiencies.
While natural gas may serve as a “bridge” or “transitional fuel” towards greater utilization of
non-emitting clean energy sources, increased natural gas development could extend the use of
fossil fuels, or delay the necessary deployment of clean energy. Consequently, the reliance on
natural gas resources for the State’s energy needs should be balanced with the use of nonemitting sources into the future.
II.

POTENTIAL ENVIRONMENTAL IMPACTS

High-volume hydraulic fracturing is a well stimulation technique which consists of pumping
large volumes of water, chemical additives, and a proppant, such as sand, down the wellbore
under high pressure to create fractures in the hydrocarbon-bearing rock. This process then
releases natural gas into the well bore where it can be captured at the surface and moved through
pipelines to end users of the gas.
The construction, drilling, hydraulic fracturing, production, and reclamation phases can result in
adverse environmental impacts which can range in duration from acute impacts during only one
phase, to more permanent impacts that could be present for years or decades after a well is
reclaimed. In addition to the direct impacts from each phase of well development, the
authorization of high-volume hydraulic fracturing would also induce growth in the natural gas
industry. This growth would in turn generate the construction of natural gas pipelines, gathering
lines, compressor stations and other associated infrastructure beyond the well pad. This ancillary
activity has the potential to create adverse impacts to state-owned lands, freshwater wetlands,
forests and other habitat due to fragmentation, streams where pipelines cross, air resources (from

Findings Statement, Page 9

compressor stations), visual resources, agricultural lands, threatened and endangered species, and
the spread of invasive species.
As explained in detail below, the drilling, hydraulic fracturing, and production phases involve
other potential environmental impacts in areas such as spills, cuttings disposal, waste disposal,
air emissions, and community character.
A.

Water Resources, Floodplains and Wetlands

Potential significant environmental impacts to surface water and groundwater, floodplains, and
wetlands from high-volume hydraulic fracturing include impacts resulting from water
withdrawals needed for the fracturing stage; stormwater runoff during construction and operation
of a well pad; surface spills; groundwater impacts associated with well drilling and construction;
waste disposal and spills during the storage and transport of wastes; impacts to New York City’s
and Syracuse’s unfiltered surface water supply and subsurface water supply infrastructure;
impacts to other surface drinking water supplies; loss of habitat associated with construction; and
potential groundwater contamination from the hydraulic fracturing procedure itself.
i.

Water withdrawals

It is estimated that 2.4 million to 7.8 million gallons of water may be used for a multi-stage
hydraulic fracturing procedure in a typical 4,000-foot lateral well. This water may be obtained by
withdrawing it from surface water bodies away from the well site or through new or existing
water-supply wells drilled into aquifers. Without proper controls on the rate, timing and location
of such water withdrawals, the cumulative impacts of such withdrawals could cause
modifications to groundwater levels, surface water levels, and stream flow that could result in
significant adverse impacts, including but not limited to impacts to the aquatic ecosystem,
downstream river channel and riparian resources, wetlands, and aquifer supplies.
At peak activity, the total amount of water necessary for hydraulic fracturing statewide would
result in increased demand for fresh water of approximately 0.25% annually. However, the
cumulative impact of such water withdrawals, if temporally proximate and from the same water
resource, could be significant.

Findings Statement, Page 10

ii.

Stormwater runoff

All phases of natural gas well construction and development, from initial land clearing for access
roads, equipment staging areas and well pads, drilling and fracturing operations, to production
and final reclamation, have the potential to cause water resource impacts during rain and snow
melt events if stormwater is not properly managed. Initial land clearing exposes soil to erosion
and more rapid runoff. Equipment and any materials that are spilled, including chemical
additives and fuel, when exposed to rainfall, could convey contaminants off-site and into water
resources during rain events if they are not properly contained. A natural gas production site,
including access roads, is also a potential source of stormwater runoff impacts because its
hydrologic characteristics, sediment, nutrient, contaminant, and water volumes may be
substantially different from the pre-developed condition. The cumulative water resource impacts
of all of these construction and development activities could be significant.
iii.

Floodplains

High-volume hydraulic fracturing operations within floodplain areas would create serious and
significant environmental risks to water and other resources. The 1992 GEIS summarizes the
potential significant adverse impacts of flood damage relative to mud or reserve pits, brine and
oil tanks, other fluid tanks, brush debris, erosion and topsoil, bulk supplies (including additives)
and accidents. For high-volume hydraulic fracturing, potential significant adverse impacts are
magnified given the potential geographic scope of hydraulic fracturing. Severe flooding is
described as one of the ways that bulk supplies such as fracturing additives might accidentally
enter the environment in large quantities and result in significant potential environmental and
public health impacts.
iv.

Wetlands

The 1992 GEIS broadly summarized the potential significant adverse impacts to wetlands
associated with interruption of natural drainage, flooding, erosion and sedimentation, brush
disposal, increased access and pit location. For high-volume hydraulic fracturing, potential
impacts are magnified based on the potential scope of high-volume hydraulic fracturing and the
larger well pad size required for these operations. Impacts to state- and federally-regulated

Findings Statement, Page 11

wetlands can disrupt healthy ecosystems by jeopardizing essential breeding grounds for fish,
birds, and other wildlife and by disrupting the flood control functions healthy wetlands provide.
v.

Spills

The Department concludes that spills or releases in connection with high-volume hydraulic
fracturing could have significant adverse impacts on water resources. The SGEIS identifies a
significant number of contaminants contained in additives used in fracturing fluids and present in
vehicle or machine fuels, and contaminants otherwise associated with high-volume hydraulic
fracturing operations.
These additives and contaminants could result in significant adverse public health and
environmental impacts if spilled or released taking into account potential exposure pathways.
With the assistance of NYSDOH, Chapter 5 of the SGEIS described potential adverse health
impacts from exposure to classes of chemicals such as petroleum distillate products, aromatic
hydrocarbons, glycols, alcohols, aldehydes, microbiocides and other constituents.
Spills or releases of these contaminants can occur as a result of tank ruptures, equipment or
surface impoundment failures, overfills, vandalism, accidents (including vehicle collisions),
ground fires, improper operations and other incidents. Spilled, leaked or released fluids could
flow overland to a surface water body or infiltrate the ground, reaching subsurface soils,
aquifers, and drinking water sources. These types of environmental impacts could lead to
significant and adverse public health outcomes.
vi.

Well-drilling and fracturing fluid migration

Additional potential significant adverse impacts on groundwater and surface water resources
could result from well drilling and construction associated with high-volume hydraulic
fracturing. Those potential significant adverse impacts include impacts from turbidity, fluids
pumped into or flowing from rock formations penetrated by the drilling of the well, and
contamination from natural gas present in the rock formations, above the target shale deposits,
that are penetrated by the drilling of the well.

Findings Statement, Page 12

Typically, the developable shale formations are vertically separated from potential freshwater
aquifers by at least 1,000 feet of sandstones and shales of moderate to low permeability. In fact,
most of the bedrock formations above the Marcellus Shale are other shale deposits.
High-volume hydraulic fracturing is engineered to target the prospective hydrocarbon-producing
zone. The induced fractures create a pathway to the intended wellbore, but typically do not
create a discharge mechanism or pathway beyond the fractured zone where none existed before.
While there is little likelihood of vertical migration of hydraulic fracturing fluids based on the
nature of the activity and geological characteristics of the formation being targeted, uncertainty
remains as to migration risks from wellbore failures or connectivity to nearby abandoned wells
or faults. The location and depth of abandoned wells and existing faults in the Marcellus Shale
region is not fully catalogued or understood. Therefore, it will be difficult in some cases to
ensure that all abandoned wells and existing faults have been identified, and a failure to
understand these geologic conditions prior to high-volume hydraulic fracturing activities has the
potential to cause significant adverse environmental and health impacts.
Gas migration can potentially occur as a result of poor well construction (i.e., casing and cement
problems), or through existing abandoned wells or faults. There are circumstances in which the
casing and wellbore can be compromised from engineering control failures in the construction
process. Thus, in the event that wellbores are compromised, there is an increased risk of
unintended natural gas and fluid migration. The NYSDOH Public Health Review notes that:
“Studies have found evidence for underground migration of methane associated with faulty well
construction.” In addition to these studies, there was a reported incident in 1996, in the Town of
Freedom, during the drilling of a conventional oil and gas well. There, an underground blowout
of natural gas occurred when the well bore became pressurized by a strong gas flow. This
underground blowout caused methane migration that affected properties approximately one and a
half miles away. In addition, methane detected in the shallow subsurface after the event,
including in residential water wells and a pond, resulted in the evacuation of 12 families from
their homes.

Findings Statement, Page 13

In sum, when local geologic conditions are fully understood, properly-constructed wells and
properly-conducted fracturing operations would be expected to avoid potential fracturing fluid
and methane migration into groundwater and surface water resources. However, there is a risk
that well integrity can fail, especially over time, and questions have arisen about whether highvolume hydraulic fracturing can cause seismic changes which could potentially result in
fracturing fluid migration through abandoned wells or existing fissures and faults. Thus, highvolume hydraulic fracturing could result in significant adverse impacts to water resources from
well construction and fracturing fluid migration.
vii.

Waste disposal

After the hydraulic fracturing procedure is completed and pressure is released, the direction of
fluid flow reverses up the wellbore. The well is “cleaned up” by allowing water, chemical
additives, and excess proppant (typically sand) to flow up through the wellbore to the surface.
Both the process and the returned water (which also contains brine and other naturally occurring
material from the shale zone) are commonly referred to as “flowback.” The SGEIS estimates
flowback water volume to range from 216,000 gallons to 2.7 million gallons per well, based on a
pumped fluid estimate of 2.4 million to 7.8 million gallons.
The disposal of flowback water and production brine could cause a significant adverse impact if
the wastewater is not properly stored and treated prior to disposal. Residual fracturing chemicals
and/or naturally-occurring constituents from the rock formation could be present in production
brine and could result in treatment, sludge disposal, and receiving-water impacts. Salts and
dissolved solids may not be sufficiently treated by municipal biological treatment and/or other
treatment technologies which are not designed to remove pollutants of this nature.
The 1992 GEIS findings determined that any proposed disposal wells require an individual sitespecific determination under SEQRA. With respect to the use of disposal wells for waste
disposal, the Department is not proposing to alter this finding. Any such proposal would be
reviewed on a site-specific basis with consideration to local geology (including faults and
seismicity), hydrogeology, nearby wellbores or other potential conduits for fluid migration and
other pertinent site-specific factors.

Findings Statement, Page 14

Gamma ray logs from deep wells drilled in New York over the past several decades show the
Marcellus Shale to be higher in naturally-occurring radioactive material (NORM) than other
bedrock formations including other potential reservoirs that could be developed by high-volume
hydraulic fracturing. As explained in Chapter 5 of the SGEIS, the total volume of drill cuttings
produced from drilling a horizontal well may be about 40% greater than that for a well drilled
vertically to the same depth below the ground surface. For multi-well pads, cuttings volume
would be multiplied by the number of wells on the pad. Consequently, there is the potential for
significant adverse environmental impacts associated with improper waste disposal. 7
B.

Ecosystems and Wildlife

Land disturbance directly associated with high-volume hydraulic fracturing would consist
primarily of constructed gravel access roads, well pads and utility corridors. As previously
indicated, the average total disturbance associated with a multi-well pad, including incremental
portions of access roads and utility corridors is estimated at 7.4 acres.
The primary impacts of land disturbance and other high-volume hydraulic fracturing operations
on ecosystems and wildlife are: (1) loss of habitat and habitat fragmentation; (2) potential
introduction and spreading of invasive species; and (3) loss of endangered and threatened
species. These impacts primarily occur as a result of the construction phases for access roads and
well pads. However, significant adverse impacts to ecosystems and wildlife would occur during
the construction and operation of associated infrastructure such as utility corridors, gas pipelines,

7

While not part of the Final SGEIS, USEPA issued a draft report entitled “Assessment of the Potential Impacts of Hydraulic
Fracturing for Oil and Gas on Drinking Water Resources” (June 2015), that identifies “potential mechanisms by which
hydraulic fracturing could affect drinking water resources.” Specifically, the report found that “[a]bove ground mechanisms
can affect surface and ground water resources and include water withdrawals at times or in locations of low water availability,
spills of hydraulic fracturing fluid and chemicals or produced water, and inadequate treatment and discharge of hydraulic
fracturing wastewater. Below ground mechanisms include movement of liquids and gases via the production well into
underground drinking water resources and movement of liquids and gases from the fracture zone to these resources via
pathways in subsurface rock formations.” While the report did not find “widespread [or] systemic impacts on drinking water
resources” it did confirm a number of specific instances where some of these potential mechanisms led to impacts on water
resources. Specifically, the report found that “spills of hydraulic fracturing fluid and produced water in certain cases have
reached drinking water resources, both surface and ground water” and that the “[d]ischarge of treated hydraulic fracturing
wastewater has increased contaminant concentrations in receiving surface waters.” The report further found that “[b]elow
ground movement of fluids, including gas … have contaminated drinking water resources.” Of the total spills, 300 reached an
environmental receptor such as surface water, groundwater and/or soil. USEPA also acknowledged that factors limited the
certainty of the draft report, including insufficient pre- and post-fracturing drinking water data and a lack of long-term
systematic studies.

Findings Statement, Page 15

and compressor stations. Operations at a well pad can also create such impacts, including the
noise generated during the hydraulic fracturing phase.
High-volume hydraulic fracturing operations have the potential to industrialize rural areas of
New York, which would result in serious and unavoidable impacts to habitats (e.g.,
fragmentation, loss of connectivity, degradation, nighttime lighting and noise), species
distributions and populations, and overall natural resource biodiversity. Habitat loss, conversion,
and fragmentation (both short-term and long-term) would result from land grading and clearing,
and the construction of well pads, roads, pipelines, and other infrastructure associated with gas
drilling. Impacts to wildlife, habitats and biodiversity would be more severe in unique habitat
areas including Forest Focus Areas and Grassland Focus Areas, which are areas that contain
greater biodiversity and more productive habitat for birds and other wildlife. There are also
potential impacts on fish and wildlife from the potential release of chemicals used in highvolume hydraulic fracturing into the environment.
Numerous vehicle trips associated with high-volume hydraulic fracturing, particularly at multiwell pads, have been identified as an activity which presents an opportunity to transfer invasive
terrestrial species. Surface water withdrawals also have the potential to transfer invasive aquatic
species. The introduction of terrestrial and aquatic invasive species could have a significant
adverse impact on the environment.
The area underlain by the Marcellus Shale includes both terrestrial and aquatic habitat for 18
animal species listed as endangered or threatened in New York State that are protected under the
State Endangered Species Law and associated regulations. 8 Endangered and threatened wildlife
may be adversely impacted through project actions such as clearing, grading and road building
that occur within the habitats that they occupy. Certain species are unable to avoid direct impact
due to their inherent poor mobility (e.g., Blanding’s turtle, club shell mussel, and the brook
floater and green floater). Certain actions, such as clearing of vegetation or alteration of stream
beds, can also result in the loss of nesting and spawning areas.

8

See ECL § 11-0535 and 6 NYCRR Part 182.

Findings Statement, Page 16

Accordingly, significant adverse impacts to ecosystems and wildlife would result from highvolume hydraulic fracturing.
C.

Air Resources and Greenhouse Gas Emissions

High-volume hydraulic fracturing operations result in air emissions from several different types
of sources. The fracturing phase in particular results in emissions from mobile sources (trucks
carrying water) and from the equipment necessary for completing fracturing operations. After
fracturing and into production, fugitive methane and other contaminant releases into air occur.
Part of the Department’s effort to assess the potential air quality impacts of high-volume
hydraulic fracturing activities in the Marcellus Shale and other low-permeability gas reservoirs
includes the performance of an air quality modeling analysis. The analysis identifies the emission
sources involved in well drilling, completion and production, and the analysis of source
operations for purposes of assessing compliance with applicable air quality standards. The air
quality modeling analysis also assumed the maximum build-out projections of high-volume
hydraulic fracturing wells.
Chapter 6 of the SGEIS provides a comprehensive list of federal and New York State regulations
that apply to potential air emissions and air quality impacts associated with the drilling,
completion (hydraulic fracturing and flowback) and production phases (processing, transmission
and storage) of the wells. The total operations associated with well drilling can be assigned to
three “types” of potential sources of air emissions: 1) combustion from engines, compressors,
line heaters, and flares; 2) short-term venting of gas constituents which are not flared; and 3)
emissions from truck activities near the well pad. Each of these source categories have
limitations in terms of the size and number of the needed equipment, their possible simultaneous
operations over a short-term period (e.g., 24-hour), and the time frames over which these
equipment or activities could occur over a period of one year, which affects the corresponding
annual impacts. The Department’s modeling took all of these factors into account. The
Department performed supplemental modeling specifically for short-term particulate matter
(PM10/PM2.5) and nitrogen dioxide (NO2) impacts, which were found to exceed the
corresponding standards in the absence of mitigation measures. In addition, regional ozone
modeling indicated that emissions of nitrogen oxides (NOx) from high-volume hydraulic

Findings Statement, Page 17

fracturing development could contribute to increased ozone levels, including in the New York
City metropolitan area, which is currently designated nonattainment for ozone. Other downwind
areas, such as Albany-Schenectady-Troy, Poughkeepsie-Newburgh and Greater Connecticut
(Hartford), are projected to be at or near the proposed ozone standard once finalized.
Accordingly, high-volume hydraulic fracturing development could impact the ability of these
areas to maintain air quality that meets the ozone standard. As discussed below, there are
potential significant adverse health impacts associated with increased levels of particulate matter,
ozone, diesel exhaust, and volatile organic compounds.
Additionally, all operational phases of proposed well pad activities were considered, and
resulting greenhouse gas (GHG) emissions determined in the SGEIS. Emission estimates of
carbon dioxide (CO2) and methane (CH4) are included as both short tons and as carbon dioxide
equivalents (CO2e) for proposed activities, where relevant and quantifiable. The Department not
only estimated potential GHG emissions from activities, but also identified and characterized
major sources of CO2 and CH4 during anticipated operations so that key contributors of GHGs
could be addressed and mitigated, with particular emphasis placed on mitigating CH4, with its
greater Global Warming Potential (GWP). With respect to cumulative and macro-impacts of
high-volume hydraulic fracturing, the Intergovernmental Panel on Climate Change considers the
decarbonization of the energy system to be key to reducing and stabilizing GHGs in the
atmosphere and avoiding the worst effects of climate change. 9 The State’s overall goal is to
reduce GHG emissions 80 percent by 2050, as discussed in the draft State Energy Plan (2014).
The Department notes that, regardless of the magnitude of methane emissions from natural gas
infrastructure, the consumption of fossil fuel, including natural gas, to produce energy
contributes to climate change. 10 Additionally, the increased availability of low-cost natural gas
has the potential to undermine the deployment of various types of renewable energy and energy
efficiencies, thereby suppressing investment in and use of these clean energy technologies.

9

IPCC AR5 WG3 Chapter 7 Energy Sources. IN IPCC, 2014. Climate Change 2014: Mitigation of Climate Change. Contribution
of Working Group III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Edenhofer et al.
(eds)] Cambridge University Press, Cambridge

10

e.g., Zhang, Xiaochun et al. 2014. "Key factors for assessing climate benefits of natural gas versus coal electricity generation."
Environmental Research Letters 9: 114022

Findings Statement, Page 18

D.

Geologic Resources: Naturally Occurring Radioactive Material (NORM) and
Seismicity

Well drilling and high-volume hydraulic fracturing activities can bring NORM to the surface in
the cuttings, flowback water and production brine, and NORM can accumulate in pipes and tanks
(pipe scale and sludge). Based upon currently available information, it is anticipated that latephase flowback water and production brine may contain elevated NORM levels. Although the
highest concentrations of NORM are in production brine, it does not present a risk to workers
because the external radiation levels for those handling the brine are very low. However, the
build-up of NORM in pipes and equipment has the potential to cause a significant adverse
impact because it could expose workers handling pipes, for cleaning or maintenance, to
increased radiation levels. Disposal of this equipment also may cause significant adverse
impacts. Finally, wastes from the treatment of flowback water and production brine may contain
concentrated NORM.
The Department recognizes that there is increasing uncertainty about whether high-volume
hydraulic fracturing can cause earthquakes and the potential magnitude of those earthquakes,
even though much of the Marcellus and Utica Shales underlies portions of the state with the
lowest seismic hazard class rating in New York. As discussed in the SGEIS, the smallest
measurable seismic events are typically between 1.0 and 2.0 magnitude on the Richter scale. In
contrast, seismic events with magnitude 3.0 are typically large enough to be felt by people. Fluid
injection of any kind, including fluid injected during high-volume hydraulic fracturing
operations, can trigger felt seismic events if the fluid reaches a geologic fault. While induced
seismic events from this process are more typically associated with waste disposal or other longterm injections, there have been several instances where seismic events have been linked to
hydraulic fracturing operations in the United Kingdom and Canada, and in the United States
including Ohio, Oklahoma and Texas. Recent earthquakes observed in Poland, Ohio, which
were linked to hydraulic fracturing, occurred in an area with the same seismic hazard class rating
as those portions of New York with the lowest seismic hazard class rating in the State.
Potential seismic events from high-volume hydraulic fracturing could have more significant
environmental impacts if they were to take place near subsurface water supply infrastructure

Findings Statement, Page 19

(tunnels and aqueducts) associated with the New York City drinking water system, or if they
were to take place in proximity to other subsurface water supply infrastructure in New York
State.
E.

Noise & Visual Resources

The construction of well pads and wells associated with high-volume hydraulic fracturing
involves heavy machinery required to fell trees and move earth. The hydraulic fracturing phase
results in significant truck traffic and the use of large diesel-powered pumps. The use of this
equipment would result in adverse noise and visual impacts during those phases, which could be
unavoidable.
Specific identified adverse impacts related to visual impacts include: temporary new landscape
features at well pads, construction of new off-site facilities necessary for the high-volume
hydraulic fracturing process, the congested appearance of staging areas and the increase in truck
and other specialized vehicle traffic in certain areas. These visual impacts would be most
problematic in areas that contain important viewsheds, as identified in the Department’s Visual
Impact Analysis policy.
Construction activity would result in temporary visual and noise impacts. There would be noise
and visual impacts during drilling, and the noise impacts from drilling and hydraulic fracturing
would be of longer duration for multi-well pad drilling. Any significant noise impacts at a well
pad would cease after completion of the hydraulic fracturing stage, but there would continue to
be noise impacts beyond the well pad related to the construction and operation of ancillary
infrastructure. Additionally, there would be some longer-term visual impacts during the
production phase.
Specific identified adverse impacts related to noise include: a potential 37-42 decibel increase
over the quietest background areas measured at 2,000 feet during the drilling and hydraulic
fracturing stage and increased traffic noise near well pads and on specific trucking routes.
F.

Transportation

Findings Statement, Page 20

The introduction of high-volume hydraulic fracturing has the potential to generate significant
truck traffic during the construction and hydraulic fracturing phases of the well. Estimates of
early well pad development predict that there could be nearly 2,000 one-way heavy and light
duty truck trips per well pad. 11
The cumulative impact of this substantial amount of truck traffic has the potential to result in
significant adverse impacts on local roads and, to a lesser extent, state roads where truck traffic
from this activity is concentrated. It is not feasible to conduct a detailed traffic assessment given
that the precise location of well pads is unknown at this time. However, such traffic has the
potential to damage roads. In addition to road damage, increased truck traffic proportionally
increases the number of vehicle breakdowns and vehicle accidents, and increases the risk of
spills of potentially hazardous materials. These increased risks correspondingly increase the risk
of and frequency of public health impacts. Increased truck traffic also creates potential adverse
impacts related to noise and air emissions, discussed above. Finally, as discussed below,
increased truck traffic could have direct impacts on community character in the municipality in
which the well pad is located, but it could also have ancillary community character impacts on
surrounding communities, some of which may have decided to limit or ban high-volume
hydraulic fracturing operations through local law.
The potential adverse environmental impacts from transportation associated with high-volume
hydraulic fracturing operations would be significant, and some of these adverse impacts would
be unavoidable.
G.

Socioeconomics & Community Character

As required by SEQRA, the Department considered the economic benefits and growth-inducing
aspects of authorizing high-volume hydraulic fracturing. 12 As detailed in the SGEIS, the
Department selected three representative regions to analyze the socioeconomic impacts of highvolume hydraulic fracturing. The Department utilized this approach as a way to assess the
regional implications of high-volume hydraulic fracturing operations. The three representative
11

SGEIS Table 6.60

12

ECL § 8-0109(2)

Findings Statement, Page 21

regions were selected to provide a range of the scale of impacts that may occur. Since the actual
location of the natural gas drilling had not been determined, it was impossible to assess the
impacts at specific locations. The SGEIS notes that there could be significant variations in
impacts at a town/municipal level across the state and within the same representative region.
The SGEIS considered a low and average rate of development based on industry estimates to
predict the economic effects where high-volume hydraulic fracturing is expected to take place.
However, for all of the reasons discussed below, projections of the expected employment,
income, and tax generation impacts that would result from the approval of high-volume
hydraulic fracturing in New York State have been reduced by the Department since the release of
the 2011 revised draft SGEIS.
In light of changing development patterns in the natural gas industry, the Department considered
revised projections in which the 20-year peak construction period (the previous assumption in
the 2011 rdSGEIS) would be reduced to 10 years to more realistically reflect the development
that could be expected, which would then be followed by a 10-year gradual decline in
production. As detailed in the Department’s response to comments, a 10-year peak construction
period followed by a 10-year gradual decline in production would reduce employment
projections, projected employee earnings and property tax receipts.
The potential economic benefits from high-volume hydraulic fracturing would also likely be
further reduced by the New York Court of Appeals recent decision in the matter of Wallach v.
Town of Dryden and Cooperstown Holstein Corp. v. Town of Middlefield, which found the
ECL13 does not preempt communities with adopted zoning laws from prohibiting high-volume
hydraulic fracturing. As a result of this ruling, high-volume hydraulic fracturing could be
prohibited in particular communities throughout the state.
Additionally, numerous mitigation measures proposed in the SGEIS and further considered by
the Department (outlined in further detail in Section III below) would have limited where highvolume hydraulic fracturing could occur in New York State. Based on these limiting factors, the
Department concluded that the number of wells that would be drilled would have been
13

ECL § 23-0303(2)

Findings Statement, Page 22

substantially reduced. Consequently, the Department must consider the reduced forecast of
economic benefits from a high-volume hydraulic fracturing permitting program when deciding
on the appropriate alternative to select in this Findings Statement.
High-volume hydraulic fracturing would have negative socioeconomic and community character
impacts. For example, some of the negative impacts associated with high-volume hydraulic
fracturing operations, including increased traffic, noise, and visual impacts, may adversely affect
visitors’ experience of certain traditional tourist destinations. As a result, tourist destination
enterprises that are more geared to traditional tourists may experience a loss in visitors, sales,
and employment. In addition to negatively impacting the tourism experience, increased truck
traffic may also lead to additional demands for expanded road infrastructure and related
improvements.
Depending upon the level of development, some agricultural land could be lost due to highvolume hydraulic fracturing activities, as well as adverse impacts to organic agriculture. The
potential significant adverse environmental impacts relating to agricultural land must be
considered within the framework of the goals of Article 14, Section 4 of the New York State
Constitution, which specifically states that the policy of the state is to “encourage the
development and improvement of its agricultural lands for the production of food and other
agricultural products [which]…shall include the protection of agricultural lands.”
An increase in natural gas development and related truck traffic by permitting high-volume
hydraulic fracturing activities in New York State would change the economic, demographic, and
social characteristics of some of the affected communities, which would be viewed as negative
impacts by some and as positive impacts by others. The degree of change in community
character that would occur from high-volume hydraulic fracturing activities would be primarily
dependent on the manner in which the community identifies itself, as well as the community’s
natural physical features, history, demographics and socioeconomics, and culture. The severity
of impacts on community character in rural communities would be greater for those areas where
development is focused in a particular location or region.

Findings Statement, Page 23

Some of the most significant negative impacts on the local communities would result from the
expected increases in the transient and permanent populations. As described in the SGEIS,
population would increase in local communities affected by the proposed high-volume hydraulic
fracturing operations. Thus, the demand for locally provided services and facilities, such as
school, fire, police, and health care, would expand, thereby increasing both the need for one-time
capital expenditures as well as increasing recurring annual operating costs, as more residents
would need to be served.
H.

Special and Unique Places

There are several places within New York State that, because of their special or unique character,
have been afforded additional protection to ensure their availability for public use, enjoyment,
and appreciation. These areas include state-owned lands and state parks, federal lands and
federal parks, the Adirondack and Catskill Park, historical districts, and other places containing
important historical, archeological or cultural resources.
State-owned lands, including state-owned forests, reforestation areas, wildlife management areas
and state parks, play a unique role in New York’s landscape because they are managed under
public ownership to allow for sustainable use of natural resources, provide recreational
opportunities for all New Yorkers, and provide important wildlife habitat and open space.
Surface disturbance associated with high-volume hydraulic fracturing could have negative
impacts on habitats on state-owned lands, and recreational use of those lands, especially in large
contiguous forest patches that are valuable because they sustain wide-ranging forest species and
provide important habitat for forest interior species.
The noise, visual and truck traffic impacts from high-volume hydraulic fracturing activities on
state-owned lands could adversely affect the public’s recreational use and overall experience on
state-owned lands. Furthermore, truck traffic coming to and from private parcels conducting
high-volume hydraulic fracturing embedded within state-owned lands could create similar
adverse impacts to the public’s use of the surrounding state-owned land.
A similar potential adverse impact would be created by high-volume hydraulic fracturing on
privately owned lands in the Catskill Park. A significant increase of visual, noise, and traffic

Findings Statement, Page 24

impacts on private parcels in the Catskill Park could result in greater significant site-specific and
cumulative impacts to constitutionally protected Forest Preserve land, adversely impacting its
mandated “forever wild” forest land character and preventing the public from having a Forest
Preserve experience characterized by peace and quiet as envisioned by those who framed the
Forest Preserve’s constitutional protection.
The potential impacts from high-volume hydraulic fracturing in state and federally-designated
historical districts are similar, as these districts may be vulnerable to visual and noise impacts
associated with such operations and related truck traffic. The Department recognizes the
potential for the character of these historic districts to be significantly adversely impacted over
many years as a consequence of activities associated with high-volume hydraulic fracturing.
High-volume hydraulic fracturing operations would result in significant adverse impacts to
special places and cultural resources, but the degree of impact would be highly dependent on
site-specific conditions.
I.

Public Health

As described in the NYSDOH Public Health Review from December of 2014, there are several
potential adverse environmental impacts that could result from high-volume hydraulic fracturing.
These impacts may be associated with adverse public health outcomes and include: 1) air
impacts that could affect respiratory health due to increased levels of particulate matter, ozone,
diesel exhaust, or volatile organic compounds; 2) drinking water impacts from underground
migration of methane and/or fracturing fluid chemicals associated with faulty well construction
or seismic activity; 3) surface spills from use, transport or storage of chemicals or wastewater
potentially resulting in soil, groundwater, and surface water contamination; 4) surface water
contamination resulting from inadequate wastewater treatment; 5) earthquakes and creation of
fissures; 6) community character impacts such as increased vehicle traffic, road damage, noise,
odor complaints, and increased demand for housing and medical care; and 7) climate change
impacts due to methane and other volatile organic compound releases to the atmosphere and their
resulting public health impacts.

Findings Statement, Page 25

Several recently published reports cited in the NYSDOH Public Health Review present data
from surveys of health complaints among residents living near high-volume hydraulic fracturing
activities. Commonly reported symptoms include skin rash or irritation, nausea or vomiting,
abdominal pain, breathing difficulties or cough, nosebleeds, anxiety/stress, headache, dizziness,
eye irritation, and throat irritation in populations within close proximity to high-volume
hydraulic fracturing natural gas development. Additionally, ongoing studies by the National
Institutes of Health, the National Science Foundation, the Environmental Protection Agency, and
several different state and academic institutions continue to explore the relationship between
high-volume hydraulic fracturing and public health risks and outcomes. 14 Many of these studies
are several years from completion.
Linking health complaints and outcomes to specific chemicals or substances emitted from a
high-volume hydraulic fracturing operation is difficult, and the NYSDOH concluded “that
significant gaps exist in the knowledge of potential public health impacts from HVHF [highvolume hydraulic fracturing].” Any assessment of health risks from a given chemical is highly
dependent on understanding the route (ingestion, inhalation, or skin contact), degree, extent, and
timing of human exposure (if any) to that chemical. In the absence of data from a specific
exposure incident, the NYSDOH stated that this assessment would entail making many
assumptions and extrapolations regarding the exposure conditions under which risks are
estimated.
The NYSDOH, recognizing the current uncertainty and identified risk with respect to the
correlation between high-volume hydraulic fracturing and public health impacts, found that there
are continuing and unfinished studies to amass more scientific information to better understand
likely public health risks and outcomes. Until completion of ongoing studies by the National
Institutes of Health, the National Science Foundation, the Environmental Protection Agency, and
others regarding public health impacts from high-volume hydraulic fracturing, the Department
will adhere to the NYSDOH recommendation in its public health review that “until the science
provides sufficient information to determine the level of risk to public health from HVHF [high-

14

NYSDOH, Public Health Review, December 2014, pp. 7-11

Findings Statement, Page 26

volume hydraulic fracturing] to all New Yorkers and whether the risks can be adequately
managed … HVHF should not proceed in New York State.”
J.

Pipelines

The Public Service Commission (PSC) would be the principal regulatory entity in overseeing the
construction of intrastate pipelines. Gas pipeline and compressor station siting actions
undertaken pursuant to Public Service Law (PSL) Article VII are designated Type II SEQRA
actions. 15 In addition, Section 130 of the PSL overrides the Department’s State permitting
authority, so that the Public Service Commission is the single State authority empowered to grant
or deny applications to these site pipelines. However, in considering site-specific impacts of
pipelines, PSC and the Department have historically coordinated and would continue to
coordinate their reviews within the PSC proceedings. The PSC’s Article VII proceedings are an
analogue of the SEQRA process. The Department is a statutory party to such proceedings and
additionally retains Federally delegated or authorized separate jurisdiction over any required air
pollution control permits and registrations (usually for associated compressor stations and
dehydrators) as well as under the State Pollution Discharge Elimination System (SPDES) for
stormwater runoff. Consequently, significant site-specific adverse impacts would be addressed
through the Article VII proceeding. However, on a generic level authorization of high-volume
hydraulic fracturing would result in the construction and operation of pipelines and associated
infrastructure and equipment that have the potential to result in significant adverse impacts.
The construction of natural gas pipelines, compressor stations and other associated infrastructure
has the potential to create adverse impacts to state-owned lands, freshwater wetlands, forests and
other habitat due to fragmentation, streams where pipelines cross, air resources (from compressor
stations), visual resources, agricultural lands, and threatened and endangered species, and to
contribute to the spread of invasive species.
Additionally, there is the potential for cumulative adverse impacts from gathering lines necessary
to support high-volume hydraulic fracturing operations and these cumulative impacts could
affect community character and wildlife habitat from the network of pipelines needed to
15

See 6 NYCRR 617.5(c)(35)

Findings Statement, Page 27

facilitate high-volume hydraulic fracturing activities. Consequently, because the SGEIS is a
generic SEQRA review of an activity that would be widespread across certain regions and would
induce the construction of gathering lines, pipelines and compressor stations, the Department
considered the general potential impacts associated with these ancillary activities. The
Department recognizes that these considerations are limited where the Department is preempted
by federal law (e.g., Surface Transportation Act, Natural Gas Act).
K.

Cumulative Impacts

A generic environmental impact analysis is intended to consider the common impacts of an
activity that will be performed using a standard process in various locations. 16 With respect to
high-volume hydraulic fracturing, regardless of where a well is drilled, there would be impacts
common to all well pads and wells. In many sections of Chapter 6, the SGEIS analyzes the
combined, or cumulative, impacts of drilling more than one high-volume hydraulically fractured
well or multi-well pad because the Department had sufficient information to conduct such
analysis on a generic basis (e.g., air impacts). In certain instances there is insufficient
information regarding the actual number of wells to be drilled in a town or county, the
distribution of such wells statewide, and the timing of drilling, to conduct a cumulative analysis
of the impacts of several wells or well pads. However, even with the significant uncertainty
surrounding the scope and siting of high-volume hydraulic fracturing, the Department anticipates
that high-volume hydraulic fracturing would impact many areas, including some that previously
have not been widely exposed to oil and gas development.

Moreover, beyond directly

impacting those areas where the activity would be allowed, the ancillary activities associated
with high-volume hydraulic fracturing and their corresponding significant adverse impacts would
likely spread to those areas of the State where high-volume hydraulic fracturing is prohibited and
would lead to significant adverse cumulative impacts.
Indeed, as NYSDOH stated in its Public Health Review, “[t]he number of well pads and
associated high-volume hydraulic fracturing activities could be vast and spread out over wide
geographic areas where environmental conditions and populations vary. The dispersed nature of

16

6 NYCRR 617.10

Findings Statement, Page 28

the activity magnifies the possibility of process and equipment failures, leading to the potential
for cumulative risks for exposures and associated adverse health outcomes.”
The cumulative effects caused by the aggregate of past development patterns, present
expectations concerning high-volume hydraulic fracturing development, and reasonably
foreseeable future development would, taken together, result in significant adverse impacts to
some resources, particularly community character and wildlife from habitat fragmentation. For
example, the cumulative impacts of high-volume hydraulic fracturing and its associated truck
traffic could have adverse impacts on the community character of specific areas, including
special and unique places, state-owned lands, the Catskill Park, and state and federallydesignated historic districts.
There would be cumulative impacts to surface water bodies from erosion and sedimentation
resulting from the construction of well pads. Sediment loading from disturbed soils on
construction sites is a significant problem. EPA estimates that one un-stabilized acre subject to
construction activity releases 1,000 to 2,000 times the sediment during a rain event that an acre
of forest or natural meadow does. Such eroded sediments often carry adsorbed contaminants and
nutrients to nearby streams and water bodies. Eroded sediments can fill wetlands and silt in the
rock cobble that serves as spawning beds for trout. Sediment may impair drinking water quality
by contributing to the transport of pathogens and interfering with the effectiveness of
disinfection. Furthermore, in terms of the impact on the quality of waters in the State,
phosphorus is one of the more significant water pollutants. Erosion and sediment loads from the
construction of high-volume hydraulic fracturing wells, well pads, and associated infrastructure
would introduce phosphorus and other pollutants into surface waters, accelerating their
eutrophication.
III.

MITIGATION MEASURES

SEQRA requires that the lead agency preparing an environmental impact statement set forth the
mitigation measures that would minimize identified significant adverse environmental impacts. 17

17

ECL § 8-0109(2)(f)

Findings Statement, Page 29

In the SGEIS, the Department identified numerous mitigation measures intended to avoid and
reduce adverse environmental and public health impacts.
Following the issuance of the 2011 revised draft SGEIS and faced with ever-increasing
information and scientific studies detailing the risks and uncertainties regarding the
environmental and public health impacts that could result from high-volume hydraulic fracturing
development, the Department considered significant additional mitigation measures beyond
those originally proposed in the SGEIS that could further reduce or avoid the impacts to water
and other natural resources, wildlife, air, transportation, and community character.
The Department considered extensive mitigation measures, including measures to: heighten
protections for water resources and provide for enhanced monitoring, reduce air pollution and
greenhouse gas emissions, further protect habitat and wetlands, ban any high-volume hydraulic
fracturing development in state-owned lands and in the Catskill Park, and provide for greater
disclosure of fracturing additives and create opportunities for public comment in a permitting
process.
The SGEIS outlined a potential program that would in some instances effectively mitigate
potential significant adverse impacts. As discussed more fully below, the Department considered
additional measures where the proposed mitigation measures were regarded as either ineffective
in avoiding or adequately minimizing significant adverse impacts. However, in many instances
the potential for significant adverse environmental impacts remains notwithstanding the
mitigation measures the Department considered.
A. Water Resources
With respect to water resources, the Department considered mitigation measures that would
heavily rely on setbacks and buffers, which would have prohibited high-volume hydraulic
fracturing within:
•

The New York City and Syracuse drinking water supply watersheds and within 4000’ of
related water tunnels or supply infrastructure;

Findings Statement, Page 30

•

500’ of, and including, Primary Aquifers;

•

2000’ of public drinking water supply wells and intakes;

•

1000’ of each side of the main flowing water body and any tributary to that water body,
both for a distance of 1 mile upstream from a public drinking water supply intake;

•

500’ of private water wells;

•

100-year floodplains;

Additionally, the Department considered mitigation measures that would have required a sitespecific environmental review for high-volume hydraulic fracturing within
•

500’ of, and including, Principal Aquifers; and

•

300’ of a perennial or intermittent stream, storm drain, lake, pond and freshwater
wetlands.

In addition to setbacks, the Department considered requiring operators to develop and implement
a groundwater monitoring program to detect potential spills and releases around the well pad and
to detect potential contamination in groundwater drawn by nearby drinking water wells before
they are impacted. The Department also considered extending buffer zones on tributaries to
public drinking water supplies. The Department determined that beneficial use determinations
(BUDs) for the road spreading of brine produced from wells stimulated by high-volume
hydraulic fracturing in the Marcellus Shale or other low-permeability formations will not be
issued until additional data on its chemical content is available and evaluated by the Department
and NYSDOH.
To further protect drinking water sources, the Department considered requiring specific
methodologies for determining the depth to the base of fresh potable water and confirming that
all potable freshwater zones are above the depth of the surface casing, including use of
geophysical logs in either the uncased surface hole or the drilled intermediate hole up to and
including the surface casing seat for the first well on a pad. The Department also considered

Findings Statement, Page 31

requiring use of external casing packers on the intermediate string or other means approved by
the Department to permanently isolate any potable freshwater zone found below the surface
casing seat from deeper, poor-quality water and/or gas-bearing zones.
Furthermore, to address concerns about flooding beyond the 100-year floodplain and in
recognition of the increasing frequency and intensity of recent and potentially future flood
events, the Department considered requiring that well pads be elevated two feet above the 500year floodplain elevation or the known elevation of the flood of record, if such data are available.
In response to concerns raised about infrastructure associated with the Syracuse and New York
City watersheds, the Department considered extending its initial 4,000-foot setback for surface
disturbance to additionally apply to the water supply infrastructure, including tunnels that
transport drinking water supplies. Beyond the setback, the placement of any portion of a
wellbore less than 2,000 feet from any water tunnel or underneath a tunnel would be prohibited,
and enhanced site-specific review plus consultation with the municipality would be required for
any wellbore located within two miles of any water supply infrastructure for the Syracuse and
NYC drinking water supplies. This measure recognizes the existence of uncertainty regarding
high-volume hydraulic fracturing-induced earthquakes, both as to their probability and
magnitude.
In further recognition that spills or engineering control failures could result in exposure to the
harmful elements of high-volume hydraulic fracturing, and the potential for noise and lighting
impacts, the Department considered establishing a 500-foot or greater setback from the edge of
the well pad to inhabited private dwellings and places of assembly, such as schools and hospitals,
unless the Department issues a variance from the requirement with the consent of the owner and
any tenants.
B.

Ecosystems and Wildlife

In response to concerns raised about impacts to wildlife habitat and wetlands, the Department
considered requiring the applicant to address potential impacts to habitat connectivity in cases
where a well permit application for high-volume hydraulic fracturing proposes a new access road
within the 100-year floodplain or within 50 feet of surface water.

Findings Statement, Page 32

C.

Air Resources and Greenhouse Gases

To reduce the air quality impacts, the Department proposed requiring the use of cleaner engines
and retrofits in the drilling and fracturing equipment. Some comments from the public, however,
argued that this mitigation measure would be considered a federally preempted regulation of
emissions and emission-control technology for non-road engines. If a court were to agree with
this argument, then additional air quality impacts could occur due to the use of dirtier
engines. Additionally, to reduce GHG emissions, the Department considered requiring that a
Reduced Emission Completion (REC) with minimal venting and flaring be performed whenever
a commercial sales line, interconnecting gathering line and operating compressor station, if
necessary, are available. The Department also proposed requiring a GHG emissions mitigation
plan.
D.

Public Disclosure

Based upon comments from the public with respect to chemicals used in the high-volume
hydraulic fracturing process, the Department considered expanding the fracturing fluid chemical
disclosure requirements to ensure that each chemical, and not merely each product, would be
disclosed both before drilling and after completion of each well. The Department also
considered requiring that every ECL Article 23 well application proposing high-volume
hydraulic fracturing on a new well pad be subject to a fifteen-day public notice period, limited to
site-specific issues on the subject application not addressed in the 1992 GEIS or this SGEIS.
Similarly, the Department considered requiring operators to produce semiannual forecasts of
high-volume hydraulic fracturing and related activities expected to occur within the ensuing
three years, revising the forecast every six months. This measure recognizes that local
governments, including emergency responders and local and state health workers, could be
significantly impacted if high-volume hydraulic fracturing were allowed to proceed.
E.

Community Character & Socioeconomics

The Department has also recognized that high-volume hydraulic fracturing activities could have
a profound impact on community character, especially on those areas that have unique, historic
and “special” identities. In this respect the Department considered prohibiting high-volume

Findings Statement, Page 33

hydraulic fracturing development in the Catskill Park (outside the NYC drinking water supply
watershed) and requiring a site-specific review in state and federally designated historic districts.
To mitigate the possibility that adverse socioeconomic impacts would result from concentrated
well construction activity in a short period of time within a given area, the so-called “boomtown”
phenomenon, the Department considered consulting with local governments and placing limits
on the number of wells and/or well pads that could be constructed in a specific area at a single
time.
As more fully explained below, collectively these mitigation measures would reduce, but not
eliminate, impacts to ecosystems and wildlife, air and water resources, community character and
public health. Indeed, this ever-increasing collection of proposed mitigation measures
demonstrates three essential facets of the proposed program: (1) the effectiveness of the
mitigation is uncertain; (2) the potential risk and impact from high-volume hydraulic fracturing
to the environment and public health cannot be quantified at this time, and (3) there are some
impacts that are simply unavoidable.
IV.

FINDINGS & SELECTED ALTERNATIVE

Before embarking on one of the most unique and environmentally-challenging activities
confronting New York State, the Department, as required by SEQRA, must select the alternative
that will avoid or minimize significant adverse environmental and public health impacts to the
maximum extent practicable consistent with social, economic and other essential considerations.
Here, the No-Action alternative is the only alternative that meets the SEQRA legal mandate
because authorizing high-volume hydraulic fracturing under any scenario would not adequately
mitigate adverse impacts to ecosystems and wildlife, air and water resources, community
character and public health and would likely have diminished economic and social benefits. 18
This selected alternative is consistent with the Department’s mission, which charges the agency

19

See 6 NYCRR 617.11(d)19 See ECL § 1-0101(1)

Findings Statement, Page 34

with conserving, improving, and protecting natural resources to enhance the health, safety, and
welfare of the people of the state and their overall economic and social well-being. 19
High-volume hydraulic fracturing presents significant environmental impacts and challenges to
New York State, including multiple wells drilled on a single pad and well pads constructed
throughout numerous counties of the State, some of which have not previously been exposed to
this type of intense industrial activity. Some of the engineering controls and management
practices that would be required for this activity are untested in New York and consequently, it
remains uncertain whether they would be adequate to prevent spills and other unplanned events
resulting in the discharge of pollutants associated with high-volume hydraulic fracturing. In
addition, the risk of environmental impacts from human error and mechanical failure could result
in significant adverse impacts. In the event of a spill or emergency, available mitigation
measures, such as setbacks and buffers, may fail to adequately minimize adverse impacts to
water resources. Compounding this risk is the current uncertainty identified by NYSDOH as to
level of risk high-volume hydraulic fracturing activities pose to public health.
Setbacks or buffers are used as a measure to reduce risk because, even with engineering controls
and best management practices in place, spills or engineering control failures occur during
activities related to high-volume hydraulic fracturing, such as drilling, chemical storage, and
truck transportation. When compared to conventionally drilled wells, high-volume hydraulically
fractured horizontal wells produce and use significantly more drilling and fracturing fluids,
cuttings, flowback water and production brine for wells drilled to the same vertical depth below
the ground surface and in the same geological formation. Consequently, wells stimulated by
high-volume hydraulic fracturing create larger waste disposal impacts, such as an increased
likelihood of spills from accidents occurring during the storage and transportation of this waste.
Setbacks are traditionally used as one tool to protect a resource from being impacted from such a
spill. However, determining the sufficiency of a setbacks for this particular activity is extremely
difficult. In this regard, the adequacy of a buffer for high-volume hydraulic fracturing is
complicated by a number of factors, including the effectiveness of control measures, the
potential for spills and the uncertainty of the risk posed from those spills, the potential risks

19

See ECL § 1-0101(1)

Findings Statement, Page 35

posed by ancillary activities, and the risks posed from the subsurface access to natural gas
resources below water resources. Furthermore, the proposal to monitor groundwater around well
pads, while providing some level of comfort for the public and the regulator, does not prevent
impacts of a spill from affecting water resources or public health. These concerns led NYSDOH
to acknowledge uncertainties regarding the “kinds of adverse health outcomes that may be
associated with HVHF.”
Waste disposal, as a general matter, also presents risks because of the uncertainty as to how and
where high-volume hydraulic fracturing-generated-waste could be properly disposed. Overall,
the absence of existing facilities with recognized capacity to accept large volumes of wastewater
raises the potential of significant impacts, including improper or illegal disposal. Specifically,
there are no publicly owned treatment works (POTWs) permitted to accepted high-volume
hydraulic fracturing wastewater in New York State, and the Department has yet to receive any
requests from any POTW in the State to accept this source of wastewater.
The Department also recognizes that there remains some level of uncertainty as to the potential
impact of earthquakes induced by high-volume hydraulic fracturing. A recent study ascribed a
series of earthquakes in Poland, Ohio to high-volume hydraulic fracturing operations. 20 Between
March 4 and March 12, 2014, 77 earthquakes, ranging between 1.0 and 3.0 in magnitude, were
identified and found to be closely related spatially and temporally to hydraulic fracturing
operations at a nearby well. After the Ohio Department of Natural Resources ordered the highvolume hydraulic fracturing well to be shut down on March 10, 2014 the rate of incidence
decreased until the earthquakes stopped. Moreover, the likely presence of unknown faults in
New York raises concern as to the effectiveness of evaluating and monitoring mapped fault lines
and other proposed safeguards. Consequently, it is unclear whether the operators or the
Department could adequately identify these faults prior to the drilling and hydraulic fracturing
phases of well development.
Some identified mitigation measures would inevitably fail to fully address the impacts that they
are intended to address. For example, in trying to protect “special places” from impacts
20

Skoumal, R., Brudzinski, M.R., and Currie, B.S. January 2015. Earthquakes induced by hydraulic fracturing in Poland
Township, Ohio. Bulletin of the Seismological Society

Findings Statement, Page 36

associated with high-volume hydraulic fracturing, the Department considered prohibiting the
activity on private lands in the Catskill Park (the Forest Preserve is constitutionally protected and
needs no additional protections). By limiting this prohibition to one unique part of the State, the
measure excludes many other communities and regions that also have unique features that would
be susceptible to impacts from the extensive changes to the landscape that high-volume
hydraulic fracturing could cause. Moreover, the prohibition of high-volume hydraulic fracturing
on State-owned lands would not address impacts from truck traffic coming to and from private
parcels where high-volume hydraulic fracturing might be conducted that are surrounded by or
adjacent to state-owned lands.
Further, the Department concludes that identified mitigation measures to protect forest and
grassland focus areas would reduce impacts to the precise location of a well pad and associated
infrastructure. However, these measures would not address the cumulative impacts of future
construction of well pads and infrastructure within focus areas, which could result in habitat
fragmentation that would adversely impact these areas. Furthermore, beyond focus areas, there
are countless smaller forests and grasslands that provide important habitat for declining species
that would be negatively impacted both individually and collectively if high-volume hydraulic
fracturing were allowed to proceed. Thus, while the proposed mitigation measures, including
reclamation requirements, would reduce impacts from high-volume hydraulic fracturing
activities, significant unavoidable and unmitigated adverse environmental impacts would still
remain.
High-volume hydraulic fracturing development could also increase ozone levels by 1 to 3 parts
per billion (ppb) in areas downwind of the areas of development, including the New York City
metropolitan area, which currently measures above the current National Ambient Air Quality
Standard (NAAQS) for ozone of 75 ppb and is projected to be at or around that level in 2018.
Based on methodology that EPA uses to characterize the impact of emissions in one state on
ozone levels in downwind states, EPA has determined that any contribution to ozone
nonattainment in excess of 1 % of the standard (0.75 ppb) is significant, as well as contributions
that would interfere with maintenance of the standard in excess of 1 % of the standard. The
significance of the contribution of high-volume hydraulic fracturing development to ozone

Findings Statement, Page 37

nonattainment in New York could increase in the future if EPA finalizes its regulatory proposal
to reduce the ozone NAAQS to the range of 65-70 ppb.
Establishing a high-volume hydraulic fracturing permitting program in New York State would
have significant impacts on community character in light of the anticipated pervasive nature of
the activity, as well as the induced growth that extends far beyond the well pads. The Department
recognizes that taken alone, the impacts of high-volume hydraulic fracturing on individual
resource areas may be reduced or mitigated, but that community character is defined as a
combination of several environmental factors. While the Department acknowledges that some
communities may experience some positive benefits, and that various mitigation measures could
be required to address or reduce adverse impacts on individual resource areas that contribute to
community character, these measures would not adequately mitigate the transformation of
various localities from high-volume hydraulic fracturing. In this respect, it is far less certain that
specific mitigation measures can address potential cumulative impacts beyond a well pad or pads
to a particular area, especially where the activity is clearly inconsistent with the area’s previous
history of development or experience with intense industrial activity.
Local government entities, through the use of zoning and municipal development tools, can
define and influence community character. The recent New York Court of Appeals decision in
the matters of Wallach v. Town of Dryden and Cooperstown Holstein Corp. v. Town of
Middlefield found that ECL Section 23-0303(2) does not preempt communities with adopted
zoning laws from prohibiting the use of land for high-volume hydraulic fracturing drilling. As a
result of this ruling, high-volume hydraulic fracturing is expected to be prohibited by numerous
municipalities throughout the state.
Both the recent New York Court of Appeals rulings and the extensive proposed mitigation
measures considered by the Department all have the effect of reducing the amount of land in
New York State available for the high-volume hydraulic fracturing development. By the
Department’s estimates, based on municipal bans and the imposition of the mitigation measures
the Department would impose on the activity, more than 63% of land area of New York over the
Marcellus Shale would not be available for high-volume hydraulic fracturing development.

Findings Statement, Page 38

These restrictions on the amount of available land would, in turn, reduce the number of wells that
could be permitted and any projected economic benefits associated with this activity.
In addition, the Department acknowledges that the Dryden and Middlefield decision, as well as
the consideration of several mitigation measures and site-specific review requirements, would
increase the costs of developing New York State’s shale gas reserves, which would slow the pace
of development of the natural gas industry even if a high-volume hydraulic fracturing permitting
program were established. It is understood that the costs to industry associated with the court
decisions and implementation of the proposed mitigation measures may make it financially
impractical to recover certain natural gas reserves in the state, particularly given the current and
uncertain future price of natural gas.
In light of the Court’s decision and the proposed mitigation measures, the expected positive
socioeconomic impacts on employment, income, and tax generation associated with high-volume
hydraulic fracturing would be substantially less (in the tens to hundreds of millions of dollars)
than originally projected in the SGEIS and as projected under the revised development scenarios
discussed above. Even with these reduced and uncertain economic prospects, it remains likely
that because of the evolution of the technology that facilitates extraction of natural gas from deep
low-permeability shale formations where it was previously not feasible, high-volume hydraulic
fracturing would impact areas that previously have not been exposed to intense oil and gas
development. As discussed above, if high-volume hydraulic fracturing were authorized, the
proposed restrictions and prohibitions in certain areas would likely lead to intensified
development in those areas where high-volume hydraulic volume would be permissible and
where the shale was productive. Moreover, as discussed below, beyond directly impacting areas
where high-volume hydraulic fracturing would be permissible, the ancillary and transport
activities associated with a regulatory program and its corresponding significant adverse impacts
would likely affect other areas of the State where high-volume hydraulic fracturing is prohibited.
Consequently, the footprint on certain regions of the State and the associated impacts would be
greater than for traditional methods of extraction.
In addition to the diminished economic benefits to the private sector from high-volume hydraulic
fracturing, there would be substantial administrative and technical oversight costs to the

Findings Statement, Page 39

Department, other state agencies, and local municipal entities associated with ensuring
compliance with implementation of stringent mitigation measures. The complexity and
multiplicity of reviews and permits required would necessitate that state and local government
entities dedicate a substantial amount of resources to the oversight of high-volume hydraulic
fracturing operations. The Department estimates that its cost of administering this program
under the average development scenario would grow from approximately $14 million in the first
year to nearly $25 million in the fifth year. These projected costs do not consider other
substantial costs that would be incurred by other state and local agencies. The cost of additional
regulatory oversight costs would further reduce the fiscal benefits associated with authorizing
high-volume hydraulic fracturing in New York.
Considering all of the impacts described above as well as the increased administrative costs and
the reduced and uncertain economic benefits, the Department would need to be highly confident
that the extensive and wide-ranging environmental impacts described in Section II above would
be mitigated to the maximum extent practicable and that the risks to sensitive environmental and
public health receptors would be adequately minimized. Unlike any other activity regulated by
the Department, there is a potential for significant adverse impacts to be wide-ranging and
widespread, including impacts to water resources, forests, and ecosystems and wildlife across a
substantial portion of the State.
The Department adopts the NYSDOH statement in the Public Health Review that “[w]hile a
guarantee of absolute safety is not possible, an assessment of the risk to public health must be
supported by adequate scientific information to determine with confidence that the overall risk is
sufficiently low to justify proceeding with HVHF in New York. The current scientific
information is insufficient. Furthermore, it is clear from existing literature and experience that
HVHF activity has resulted in environmental impacts that are potentially adverse to public
health.”
The Department concludes that while the mitigation measures in some instances would likely be
effective in reducing the risk of impacts, in other instances impacts would only be partially
mitigated, and in some instances the Department recognizes that there is insufficient information,
or too much uncertainty as to the effectiveness of the mitigation, to determine if the impacts

Findings Statement, Page 40

could be adequately mitigated at all. The Department concludes that there would be unavoidable
cumulative impacts to community character and wildlife habitat.
Based on unavoidable adverse environmental impacts and uncertainty regarding the science
surrounding high-volume hydraulic fracturing and its potential impacts to public health and the
environment, the Department finds that the best course of action is to select the No Action
alternative. Selection of the No Action alternative means that the Department will not establish a
high-volume hydraulic fracturing permitting program; that no individual or site-specific permit
applications for wells using high-volume hydraulic fracturing will be processed; and that highvolume hydraulic fracturing will be prohibited in New York State.
The Department rejects the other available alternatives (the “phased-permitting approach,” the
“environmentally-friendly chemical approach,” and the “Special Places” alternative) because
they all fail to limit unavoidable adverse environmental impacts and fail to address the risks and
uncertainties of high-volume hydraulic fracturing.
The phased permitting alternative could limit and/or restrict resource development in designated
areas to reduce certain unavoidable adverse environmental impacts identified in the SGEIS, such
as identified impacts on community character, and visual, noise and transportation impacts that
are anticipated to occur as a result of the development. However, the phased permitting
alternative would not address the risks and uncertainties arising from accidents, spills and
unforeseen events as effectively as the No Action alternative would succeed in addressing those
concerns. Additionally, a phased permitting approach would further reduce the potential
economic benefits from high-volume hydraulic fracturing development and could reduce the
economic viability of these operations in New York.
The “environmentally-friendly chemical alternative” and “Special Places” alternatives address
potential environmental impacts for only certain resources, namely water resources and
community character, and do not comprehensively address all of the potential adverse
environmental impacts from the activity.

Findings Statement, Page 41

V.

CONCLUSION AND CERTIFICATION

The prospect of high-volume hydraulic fracturing development in the State of New York has
generated immense levels of public interest and concern. The over 80,000 public comments on
the draft and revised draft SGEIS constitute the most comments, by far, that the Department has
received on an environmental impact statement which it has prepared. Additionally, the 180,000
public comments the Department received on the draft regulations (which have since expired)
were similarly unprecedented. The vast majority of the over 260,000 comments received urged
the Department to severely restrict the practice of high-volume hydraulic fracturing or to prohibit
it altogether.
These findings are the culmination of a nearly seven-year process to fully and exhaustively
evaluate the environmental impacts of this activity, determine the measures and controls that
would minimize such impacts, review and understand the science and experiences observed in
other parts of the country, and understand the risks and uncertainties arising from the activity.
In the end, there are no feasible or prudent alternatives that would adequately avoid or minimize
adverse environmental impacts and that address the scientific uncertainties and risks to public
health from this activity. The Department’s chosen alternative to prohibit high-volume hydraulic
fracturing is the best alternative based on the balance between protection of the environment and
public health and economic and social considerations.
Having considered the 1992 GEIS, the 2009 dSGEIS, the 2011 rdSGEIS and the Final SGEIS,
and having considered the preceding facts and conclusions relied upon to meet the requirements
of 6 NYCRR 617.9, this Statement of Findings certifies that:
1.

The requirements of 6 NYCRR Part 617 have been met;

2.

Consistent with the social, economic and other essential considerations from among the

reasonable alternatives available, the No-Action alternative avoids adverse environmental
impacts to the maximum extent practicable; including impacts disclosed in the supplemental
environmental impact statement (and in Section II of this Findings Statement), and;

Findings Statement, Page 42