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Where drillers want to use hydrofracking in New York: pending well permit applications for high-volume hydraulic fracturing. Image: Innovation Trail
Where drillers want to use hydrofracking in New York: pending well permit applications for high-volume hydraulic fracturing. Image: Innovation Trail

DEC: still questions about hydrofracking

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New York Department of Environmental Conservation commissioner commented in-depth for the first time about a new health review that has once again delayed a decision on hydraulic fracturing in New York.

Joe Martens says the internal study by the Department of Health is turning up more questions. His comments Friday came as some landowners, and politicians, in the Marcellus Shale region are growing impatient for a final decision on hydrofracking.

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Reported by

Karen DeWitt
NYS Capitol Correspondent

Commissioner Martens' comments are the first after a tersely worded two-paragraph statement issued in late September . It said the State’s Health Commissioner, Dr. Nirav Shah, would conduct a review of health impact data compiled by the Department of Environmental Conservation.
Martens says the environmental agency has additional information on the health impacts of exposure to chemicals used in fracking, and possible air pollution from generator and pump emissions:

"We have done a lot more work since the last draft that the public has seen", Martens said, but also said the new health impact data can’t be released to the public until the Health Commissioner finishes his review.

There's politics for it, there's politics against it. We want to make a decision on the merits. -Gov. Andrew Cuomo
He could not say when that might happen, though. Under the new plan, Dr. Shah must still choose outside experts to help him. Martens says those yet unnamed experts have not yet signed contracts with the state to do the review.
"It’s not 100 percent certain at this point what the exact scope is going to be," he said.
If the whole health review process takes more than six weeks, then Martens will run up against a key November 29 deadline. If the environmental agency doesn't have its rules in pace for fracking by then, then it has to start that part of the process over. That means there could be another opportunity for public comment, and more reports to be written.
Martens says he doesn’t know right now if that deadline will be missed, and cause further delays. He says that's "to be determined".
Some landowners with gas drilling leases are growing impatient. They protested, chanting "no more delays" at the Capitol on October 15.
Senator Tom Libous represents Binghamton in the Southern Tier region centered in the Marcellus Shale. He’s also eager for fracking to begin. The Senator was asked whether he thinks Governor Cuomo is deliberately delaying a decision on a politically controversial issue. Libous says Cuomo should just decide "by the end of the year", because "the economy of the Southern Tier and Upstate New York depends on it."  
Senator Libous predicts that the "science will dictate" that it can be done safely. And he says there’s no need to drag out Dr. Shah’s health review. He says the Department of Health has been privy to that information all along.
"I think they’re well aware of what the impact is," Libous said. "I think the studies are done."
Martens says that’s not true: "It’s not done because we’ve asked Dr. Shah to review it. He may come back and say ‘you need to do additional work’."
Meanwhile, environmental groups who oppose fracking are frustrated by what they say is a lack of transparency. Alex Beauchamp , with New Yorkers Against Fracking, says based on Martens comments, it doesn’t appear that the health study will be very comprehensive or independent .
"I think it’s really worrisome," said Beauchamp, who says there’s a danger that the study could be a "sham" or a "rubber stamp".
Cuomo, who has appointed Commissioner Martens as well as Dr. Shah, has made a policy of staying above the day-to-day details of the lengthy review on fracking.
"There’s politics for it, there’s politics against it," said Cuomo. "We want to make a decision on the merits."
Cuomo has also said the decision will be made based on "science and facts". Right now, no one is in his administration can say exactly when all of those facts will be collected.

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