1. Walden Associates
Technical, Regulatory and Public Policy Issues
Hydrofracking Shale for New Energy
Siting, Permitting
and Regulations

2. Walden Associates
Siting, Permitting & the Proposed
Regulations (NY)
In Pennsylvania, West Virginia and Ohio, fresh water and production water are
stored either in central multi-pad lagoons and interconnected via temporary
pipelines or dug adjacent to an active drilling pad.

3. Walden Associates
• 6 NYCRR Parts 52 and 190 – prohibit drilling on state lands (note on
state lands not under)
• Parts 550-556 and 560 , Subchapter B: Mineral Resources Regulates
drilling, underground activities and reporting
• Parts 750.1 – 750.2 – SPDES permitting for high volume hydro
fracturing (HVHF) effects operations on surface
• Now let’s look at these in a bit more detail.
NYSDEC Proposed Shale Gas
Drilling Regulations

4. Walden Associates
Limits of Shale in New York State
Note: Regulations state shale must be at least 2,000
feet deep to be accessed by HVHF

5. Walden Associates
• Permit Terms – 2 years to start
• Defines HVHF as using more than 300,000 gallons to frack
• Establishes minimum spacing limits
• Requires use of three casing and set cementing requirements
• Requires bottom casing separate potable water from the borehole
• Requires surety for eventual abandonment of wells 6,000 feet or
deeper true depth
• Requires drill cutting disposal plan – disposal or BUD
Pre-Drilling Considerations
(550-556 and 560)

6. Walden Associates
• 2,000 Feet from public drinking water supplies
• 500 feet from boundaries of 18 primary aquifers
• 500 feet minimum from private well – owner can waive this
• 4,000 feet from New York City and Syracuse watersheds
• Not in flood plains or on principal aquifers
• Water well testing requirements 2,000 feet (prior to drilling)
Groundwater Protection Considerations
(560.4) Setbacks

7. Walden Associates
• Reserve pit (30 mil) can be used for fresh water and drilling mud
circulation only
• Fracking fluids and flowback/production water must be contained
in onsite tanks
• All diesel must be stored in double walled tankage
• Use of waste tracking forms required – cutting, flowback
• Diesel fuel cannot be used as frack fluid
• Fluid disposal plan must be developed
Pad Operations and Drilling
Considerations (560.6)

8. Walden Associates
Invest in temporary tank company stock
Closed Loop on Frack Fluid & Flow Back
(New York State)

9. Walden Associates
• SPDES permit must be filed and approved prior to drilling permit
being issued
• Defines reserve pit constructions requirements
• Sets fracturing depth minimums – 2,000 feet below grade, 1,000
feet below potable zone
• Sets SEQRA applicability
SPDES (Part 750) – Permit Requirements
for HVHF (Stormwater-Wastewater)

10. Walden Associates
• Requires preparation of SWPPP
• Regulates fracking additives and requires disclosure
• Prepare SPCC plans for all chemicals on the drilling pad
• Sets stormwater monitoring requirements for effluent flow
• Prohibits pad construction on slopes greater than 25%
SPDES (Part 750) – Permit Requirements
for HVHF (Stormwater-Wastewater)

11. Walden Associates
• Who regulates: SRBC or DRBC
• Consumptive Use – Defined more than 20,000 gpd/30 day Ave
(600,000)
• Water Withdrawal – 100,000 gpd/30 Day Ave (3,000,000)
• Consideration for 7Q10 issues
• Cumulative effects
Water Access for Drilling Use
Permit Requirements

12. Walden Associates
• Political…you bet
• Drilling will take place in New York’s Southern Tier, west of
Binghamton (who favors drilling)
• Principle opposition is based in New York City and Westchester
counties
• 810,000 acres near Seneca Lake lease expired – No Action
What’s the Big Fuss in NY?