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High Volume Hydraulic Fracturing Proposed Regulations

6 NYCRR Parts 52, 190, 550-556, 560, and 750

The New York State Department of Environmental Conservation (DEC) filed a Notice of Continuation with the Department of State to extend the rulemaking process by 90 days in order to give New York State Commissioner of Health, Dr. Nirav Shah, time to complete his review of the draft Supplemental Generic Environmental Impact Statement. This extension was necessary, in part, because Commissioner Martens requested and Dr. Shah agreed to provide an additional review, in consultation with outside experts, of whether DEC has adequately addressed potential impacts to public health. This filing with the Department of State merely extended the rulemaking period to enable Dr. Shah to complete his review and DEC time to take into account the results of Dr. Shah's review and continue to consider the potential impacts of high-volume hydraulic fracturing.

In order to receive the needed extension, DEC was required by law to refile the draft regulations along with responses to public comments received during the public comment period, and preliminary revisions, responsive to those comments. The refiled rule does not reflect current DEC policy with respect to whether or not hydraulic fracturing can be done safely in New York. That determination will be based on the findings of the environmental impact statement and Dr. Shah's public health review of that document.

DEC will not take any final action or make any decision regarding hydraulic fracturing until after Dr. Shah's health review is completed and DEC, through the environmental impact statement, is satisfied that this activity can be done safely in New York State.

If DEC decides that hydraulic fracturing cannot be safely done in New York, these regulations will not have any practical effect and the process will not go forward. If DEC decides that the process can be done safely, these regulations would be adjusted in accordance with the health and safety requirements and issues addressed in the Supplemental Generic Environmental Impact Statement.

Revised Express Terms:

Assessment of Public Comments Summary 6 NYCRR Parts 52, 190, 550-556, 560, and 750 (PDF) (29KB) - Summary of comments received during the comment period.

Assessment of Public Comments 6 NYCRR Parts 52, 190, 550-556, 560, and 750 (PDF) (1MB) - Comments received from September 28, 2011 through January 11, 2012.

Paper copies of the proposed regulations may be found at these locations: Document Repository for Paper Copies (PDF) (770 KB)

Public Comment Period

The public comment period closed on January 11, 2013.


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