New York’s passage of new drilling rules to allow for shale gas drilling has had more twists than a Greek tragedy and has taken longer to finish than a death scene in an opera. MDN has asked the rhetorical question, several times, that even IF new rules are passed and permits are issued, will drilling companies bother to show up? See this MDN article from March of this year. Now, others are starting to raise the same question:
While initially remaining quiet when the Department of Environmental Conservation released its latest review of hydraulic fracturing in September, the gas industry has started publicly pushing back against proposed regulations that some say are "onerous" and could keep drillers out of New York.
"We’re all about seeing the environment protected and having a high environmental bar. Nobody has any objection to that," said Thomas West, an Albany attorney and lobbyist who represents several gas companies. "But if you go to far and it gets too expensive, then New York won’t be competitive with other states like Pennsylvania and Ohio — and we won’t have much drilling or leasing activity."*
One of the chief bones of contention with the proposed new drilling rules are the setback provisions:
Among their [drilling companies’] concerns are the "setbacks" or buffer zones included in the DEC’s recommendations. Included is a ban on surface drilling within 4,000 feet of the Syracuse and New York City watersheds, within 500 feet of primary aquifers or in 100-year floodplains.
[Gregory Sovas, a consultant with the Twin Tiers Landowners Coalition in Steuben County] said the buffer zones would keep horizontal gas wells from servicing the maximum potential area — 640 acres under state law — and could result in more, less-efficient wells dotting the Southern Tier and Catskills regions.
"The (setbacks) aren’t justified and they take a significant amount of acreage out of production," said Sovas, who was the DEC’s director of mineral resources from 1983 to 2001. "Basically, they’ve removed the efficiencies from the process."*
MDN remains hopeful for New York, but the question lingers (with a nod to Field of Dreams): If NY permits it, will they drill?
*Elmira Star-Gazette (Oct 20, 2011) – Industry representatives say DEC hydrofracking rules may keep drillers out