Green City Journal

New York City Consultant’s Report Sets Stage for Fight With Albany
originally published at propublica.org on 10-7-09

A preliminary report [2] from a consultant hired by New York City warns that "nearly every activity" associated with natural gas drilling could potentially harm the city’s drinking water supply and that while the risk can be reduced with strict regulations, "the likelihood of water quality impairment … cannot be eliminated [2]."

That assessment contrasts sharply with the picture presented by an environmental review released by state officials last week [3]. Aside from clauses that ban some waste pits and promise additional consideration for drilling within 1,000 feet of the city’s reservoirs and water infrastructure in upstate New York, the environmental review does little to respond to New York City’s long-standing concerns [4] that the watershed deserves special environmental consideration and instead paves the way for drilling to proceed throughout the watershed.

The issue appears to be emerging as a point of controversy in New York City’s mayoral election.

City comptroller and mayoral candidate William Thompson criticized the state’s environmental review in a news release and said Mayor Michael Bloomberg should be more outspoken. "I am also concerned that the City and the Water Board have been extremely lax in responding to this threat," he said. 

Marc LaVorgna, a spokesman for Bloomberg’s office, said the mayor will withhold judgment until he sees the final version of the report the city commissioned from Hazen and Sawyer, a New York City-based environmental engineering firm. The full report isn’t expected to be delivered until December, after the public comment period for the state environmental review has ended.

LaVorgna emphasized that the Bloomberg administration has invested heavily in the city’s water system and would not rule out a protracted fight to protect it.

"This is not a fringe issue for this administration," LaVorgna said. "This is a mayor that adamantly orders tap water every night he dines out."

In one of his few statements on the subject, Bloomberg, who has generally supported the idea of energy development, told WNYC radio Thursday [5] that "if this has the danger of polluting, we will fight it."

DEP Press Release 9-25-09

WILLIAMSPORT – The Department of Environmental Protection has ordered Cabot Oil and Gas Corporation to cease all natural gas well hydro fracking operations in Susquehanna County until the company completes a number of important engineering and safety tasks.

“The department took this action because of our concern about Cabot’s current fracking process and to ensure that the environment in Susquehanna County is properly protected,” DEP Northcentral Regional Director Robert Yowell said.

Cabot voluntarily shut down fracking operations at the Heitsman well in Dimock Township on Tuesday afternoon following three separate spills there in less than one week. The company is currently drilling seven new wells in the county that will require fracking.

The order requires Cabot to develop within 14 days an updated and accurate Pollution Prevention and Contingency Plan and Control and Disposal Plan for all permitted well pad sites in Susquehanna County.

The company must conduct an engineering study of all equipment and work practices associated with hydraulic fracturing at all well sites in the county within 21 days.

The engineering study must include a detailed evaluation and explanation of the causes of the three spills that occurred in the past week and establish corrective measures Cabot will use to prevent similar releases.

Within 21 days of DEP’s approval of the Pollution Prevention and Contingency Plan, the Control and Disposal Plan, and the engineering study, Cabot must fully implement all of the recommendations and requirements in those documents.

The company also must place the approved Pollution Prevention and Contingency Plan and Control and Disposal Plan in a conspicuous location at each permitted well site and provide a copy to each contractor and subcontractor working at any well site. Contractors and subcontractors cannot begin work at any well site until they receive the two plans.

In a separate enforcement action, DEP issued a notice of violation to Cabot for the third spill at the Heitsman well that occurred Tuesday morning. The violations noted are nearly the same as in DEP’s Sept. 22 notice of violation issued to Cabot for the two spills last week.