NYSDEC Drafts Supplemental Generic Environmental Impact Statement for Natural Gas Drilling Activities in the Marcellus Shale Formation

Written by John F. Spinello, B. David Naidu, Christopher R. Nestor

The New York State Department of Environmental Conservation (NYSDEC) recently published for public review and comment a draft Supplemental Generic Environmental Impact Statement (SGEIS) for horizontal drilling and high-volume fracturing activities in the Marcellus Shale, the Utica Shale and other deep, low permeable natural gas reservoirs. NYSDEC has scheduled public hearings to explain and take comments and questions on the draft SGEIS. The NYSDEC will consider and respond to the comments it receives and then issue a final SGEISafter which the State will be able to issue permits to applicants for horizontal wells.

The draft SGEIS outlines safety measures, protection standards and mitigation strategies that drillers will need to comply with in order to satisfy the requirements of the State Environmental Quality Review Act (Environmental Conservation Law Article 8)a prerequisite to obtaining a drilling permitor otherwise, they will need to file a site-specific environmental impact statement for individual drilling projects. The safety measures will apply in addition to existing regulatory requirements, including those set forth in the Generic Environmental Impact Statement (GEIS) adopted in 1992. This article briefly summarizes the draft SGEIS and its significance to natural gas development in the Marcellus and Utica Shales.

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