"I understand that the state is looking at the development of the Marcellus Shale as an economic boon that would add significant revenues to a state which faces a multi-billion dollar deficit. However, we cannot trade short term economic gain for what could amount to the irreparable damage of our potable water supply." -Assemblyman William Colton

The Southern Tier of New York has emerged as a prime area of interest to gas producers due to the discovery of large amounts of natural gas in what is known as the Marcellus Shale. This has led to a rush by gas companies to obtain leases on lands within the Marcellus Shale region, and could potentially change the southern tier's economy in a positive way.

However, there have been concerns raised from environmental groups, community groups in the southern tier, and now from NYC residents, regarding the environmental consequences of drilling for natural gas.

Specifically, I am concerned about the possibility that the gas industry might obtain drilling permits within the New York City Watershed region. NYC receives 90% of its fresh water from the Delaware/Catskill watershed, which lies beneath the counties of Delaware, Greene, Schoharie, Ulster and Sullivan; counties which lie within the Marcellus Shale.

The NYC watershed is one of the largest and most pristine unfiltered watersheds in the world. The Federal government has given NYC a waiver to avoid a filtration plant because the water is so clean. However, the prospects of drilling for natural gas in this area concerns me greatly, and I believe at this point in time the state Department of Environmental Conservation is ill-equipped to enforce and monitor what could be the largest gas rush in New York's history.

If an accident were to occur in the NYC watershed it could ruin our fresh water supply and force NYC to build a filtration plant, which could cost up to $10 billion to build. Besides the monetary factor and the burden to the city's water and sewer rate payers, the possibility for permanent contamination of one of the most pristine fresh water sources is inexcusable and unethical. It is in my view that drilling in and around the NYC watershed should be banned outright.

Gas drilling in New York State is by no means a new venture, nor is the use of horizontal drilling or the controversial "hydrofracturing" of rocks. Horizontal drilling is where a company will dig a vertical well and then branch out from the vertical well to reach the hard to reach gas deposits in the shale. Once the horizontal wells are drilled, the company than pumps anywhere between 1-5 million gallons of water into each horizontal well in order to break open the shale and extract the gas; that process is what the industry calls "hydrofracturing"

It is controversial because the water that is used is mixed with chemicals that are used to help with the extraction of the gas. Industry maintains the argument that the chemicals are harmless and can be found in everyday household products such as detergents, toothpaste, water expandable children's toys, and laxatives. However, gas industry representative have been hesitant to release the chemical composition of the drilling fluids on the claim that it is a trade secret and protected under paten law. The NYS Department of Conservation has stated that in the updated Environmental Impact Statement that gas companies must complete, they will have to release the contents of the fluids before they are issued a permit to drill.

What is more troubling is the waste water which is brought to the surface with the gas. The U.S. Department of Energy classifies this waste water as being "…one of the most toxic industrial byproducts produced by gas and oil drilling." It is the handling of this contaminated water on the surface that will be the most important step in protecting ground water.

The NYS Department of Conservation has suggested in its draft Environmental Impact Statement that all waste water will be stored in lined pits, and then trucked to a waste water facility for filtration, or injected into underground waste wells.

There are multiple problems with this proposal that have consequences for both water and air quality. First, lined pits are not completely reliable in keeping waste water from seeping into ground water. There was a case in Utah in which 1,200 gallons of drilling fluids and waste water leaked from a lined pit and ran a course toward the White River, luckily been sucked up by vacuum trucks.

I strongly believe that it is absolutely necessary to require the gas companies to store all drilling fluids and waste water in closed steel containers so that the water cannot leak into the ground and so it can not evaporate into the air on hot days.

Secondly, the Department of Environment Conservation has yet to come up with a real plan to dispose of waste water and spent fluids. Using re-injection wells is totally unacceptable as no one can prove that the fluids will remain confined in the disposal well and away from water aquifers overtime. Additionally, the DEC's proposal to use municipal sewage treatment plants is an untested option, and it is not known whether or not the plants can dilute the water which is laden with contaminants such as benzene, toluene, ethylbenzene, and xylene; all of which are hydrocarbons and suspected of leading to the development of different kinds of cancer. The DEC must push for the construction of large disposal facilities that can handle the large amounts of waste water that will be trucked from drilling areas.

I also have concerns with the staff shortages at the DEC, which will hamper their efforts to effectively enforce any regulations that they propose in their draft Supplemental Generic Impact Statement (dSGEIS) which is set to be released for public comment sometime in the summer of 2009. It has been stated by DEC that about four-hundred and sixty jobs will be lost over the next year.

What YOU can do!

I urge all of those concerned about the environment and potable drinking water to become involved in the dialogue of developing New York State's fossil fuel resources. We should not just be concerned about New York City's water, but also fresh water all across the state. If you are not a constituent of mine I suggest that you voice your concerns with your local, state, and federal representatives to let them know that protecting the environment and our resources is important to you.

You should also tell them to voice their support for a bill which Assemblyman Brennan has written and I have co-sponsored (A.8748), which would: create a five mile "drilling exclusion zone" around the NYC watershed, require the ingredients of drilling fluids to be released to the local health officials, mandate the use of steel containers for the storage of waste water, make drilling companies entirely responsible for mitigating any disruption of the natural environment and local species populations, increases penalties for failing to report a spill in a timely manner, mandatory reporting of all expected green house gas emissions, additional landowner protections, and additional permits for water withdrawals used in the production of natural gas.