The missed deadline means that March 1st next year is the earliest the final version of the regulations to govern fracking in the state will be released.
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The state now has the option to file for a 90-day extension to the deadline for revised regulations, under a provision of the state Administrative Procedure Act, as long as they do it before November 29th.
Allowing the deadline to simply lapse is unlikely as this would trigger a restart of the already lengthy review process managed by the Department of Environmental Conservation, including holding new public hearings.
The decision has been met with approval from fracking opponents including Binghamton Mayor Matt Ryan. Ryan says there shouldn't be any hurry to drill with gas at a low price, and people should know what they're getting into before the process is allowed.
"We've got to make sure basically that the health impacts are fully understood in this industry, and if it takes going over the deadline, that's what it takes."
However, pro-fracking groups say they are disappointed with yet another delay in a process that has been going on for four years.
Attorney for the Joint Landowners Coalition of New York, Scott Kurkoski, says the process is no longer being driven by science, but politics.
"There is a group out there that wants to delay to kill. The longer they can delay the process in New York, the more likely they are that they would be able to shut down the process forever."
The decision to include a health impact report as part of the DEC review of regulations was made on September 20th, and the names of the external health experts who will oversee analysis were leaked last week.