ASSEMBLY STANDING COMMITTEE ON ENVIRONMENTAL CONSERVATION ASSEMBLY STANDING COMMITTEE ON HEALTH NOTICE OF PUBLIC HEARING

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1 ASSEMBLY STANDING COMMITTEE ON ENVIRONMENTAL CONSERVATION ASSEMBLY STANDING COMMITTEE ON HEALTH NOTICE OF PUBLIC HEARING SUBJECT: Health Impacts f Hydraulic Fracturing Techniques PURPOSE: T review the ptential health effects f hydraulic fracturing techniques used in natural gas and il drilling. ALBANY, Thursday, May 26, 2011, 9:30 a.m. Hamiltn Hearing Rm B, 2nd Flr Legislative Office Building (Oral Testimny by Invitatin Only) Hydraulic fracturing invlves the high-pressure injectin f water and chemicals int rck t stimulate the prductin f il and gas. There are a number f cncerns regarding the ptential health effects f expsure t such chemicals. This hearing will examine thse ptential health effects. Oral testimny will be accepted by invitatin nly. Ten cpies f any prepared ral testimny shuld be submitted at the hearing registratin desk. The Cmmittees wuld appreciate advance receipt f prepared statements. In rder t meet the needs f thse wh may have a disability, the Assembly, in accrdance with its plicy f nn-discriminatin n the basis f disability, as well as the 1990 Americans with Disabilities Act (ADA), has made its facilities and services available t all individuals with disabilities. Fr individuals with disabilities, accmmdatins will be prvided, upn reasnable request, t affrd such individuals access and admissin t Assembly facilities and activities. Richard N. Gttfried, Member f Assembly Chairman, Cmmittee n Health Rbert K. Sweeney, Member f Assembly Chairman, Cmmittee n Envirnmental Cnservatin 1

2 PUBLIC HEARING REPLY FORM Name: Bernard Gldstein, MD and staff f the Center fr Healthy Envirnments and Cmmunities, University f Pittsburgh Graduate Schl f Public Health Persns invited t present ral testimny at the public hearing n the health impacts f hydraulic fracturing t be held n May 26, 2011, r wh wish t submit written testimny, are requested t cmplete this reply frm as sn as pssible and mail, r fax it t: Michael Szydl Cmmittee Assistant Assembly Cmmittee n Envirnmental Cnservatin Rm Capitl Albany, New Yrk szydlm@assembly.state.ny.us Phne: (518) Fax: (518) I plan t attend the public hearing n hydraulic fracturing t be cnducted by the Assembly Cmmittee n Envirnmental Cnservatin n May 26, I have been invited t make a public statement at the hearing. My ral statement will be limited t ten minutes, and I will answer any questins which may arise. I will prvide 10 cpies f my prepared statement. I will address my remarks t the fllwing subjects: I d nt plan t attend the abve hearing. I wuld like t be added t the Cmmittees' mailing list fr ntices and reprts. I wuld like t be remved frm the Cmmittees' mailing list. I will require assistance and/r handicapped accessibility infrmatin. Please specify the type f assistance required: NAME: Bernard Gldstein, MD and staff TITLE: Interim Directr ORGANIZATION: Center fr Healthy Envirnments and Cmmunities, University f Pittsburgh Graduate Schl f Public Health ADDRESS: 100 Technlgy Drive, Suite 553 BRIDG, Pittsburgh, PA bdgld@pitt.edu TELEPHONE:

3 Written Testimny Prepared fr the New Yrk Assembly Standing Cmmittee n Envirnmental Cnservatin June 6, 2011 Summary f Challenge: Public Health Implicatins f Marcellus Shale Activities 1) General Issue: full disclsure f all slick water fracturing chemicals used and their amunts Central t all f the issues related t chemical safety is the full release f infrmatin cncerning the chemical, including its chemical structure and physicchemical prperties. This is necessary fr effective prtectin thrugh early detectin f ptential adverse txiclgical effects t human health and the envirnment, and thrugh training f lcal emergency respnders as t the ptential fr fire and explsin events. Dsage is an imprtant cmpnent f understanding the risk f chemicals, whether t cause txicity r t cause fire and explsin. 2) Physical Envirnment and txicity Issues a. Water pllutin and surface water withdrawals Marcellus Shale activities prvide multiple threats t water surces. The threats cme frm diverse surces including the fracking chemicals; high vlume hydraulic fracturing; the natural gas and related hydrcarbn prductin prducts; and the release f naturally ccurring subsurface and surface cntaminants such as arsenic, brmide and radinuclides. Activities related t the prductin f natural gas, such as remval f wastewater t treatment plants, als pse threats. Prductin failures and spills have already led t substantial releases that have cntaminated and clsed water surces used by the public. b. Air pllutin As with water pllutin, diverse activities can lead t lcal air releases. These include the fracking chemicals; vlatile rganic cmpunds (VOCs) such as benzene, a knwn cause f human leukemia; diesel emissins; and fugitive releases f pipelines, cmpressr statins, and all ther natural gas extractin prcesses frm extractin t prductin. Cntributin t grund level zne thrugh the release f xides f nitrgen and hydrcarbns is als a threat c. Sil pllutin 3

4 Physical disruptin t surface and subsurface areas are als ptential health prblems, especially due t the legacy pllutin existent in the Marcellus Shale regin. Txicity due t persistent, r persistentlyreleased chemicals can be f cncern. Uptake f chemicals int agricultural prduce, r future land use activities that might site a children s playgrund, are amng the scenaris that need t be cnsidered. 3) Safety Issues a. Fires and explsins Natural gas is flammable which is its ultimate use. Explsins and fires affecting the public have already ccurred and are a cntinuing menace. b. Traffic incidents Many f the Marcellus Shale related activities increase heavy truck traffic, especially n unsuitable secndary radways, thereby increasing the likelihd f traffic incidents. Radway degradatin and lss f structural integrity als increases the risk f traffic incidents. c. Criminal activities An increase in criminal activities, including vilence and substance abuse, has been bserved in assciatin with hydrcarbn drilling activities elsewhere in the cuntry and already has been reprted in Pennsylvania. Fr example, failure f ut-f-state wrkers t register under Megan s Law has been an issue. Recmmendatins: 1) Full disclsure f infrmatin abut all chemicals used in all activities related t the Marcellus Shale is an abslute necessity t prtect public health and the envirnment. It is als in the best interest f the Cmmnwealth and f industry. As has been amply demnstrated fllwing the recent Gulf Oil disaster, secrecy abut chemicals strngly intensifies public anxieties. It enhances the likelihd f lawsuits and legislatin that limits Marcellus Shale activities. Nte that any cmpetitr can easily analyze any chemical used by ther cmpanies s nly the public and gvernment fficials respnsible fr emergency respnse r t respnd t public health issues are being kept ignrant. 2) Physical and chemical measurements by New Yrk State f air and water pllutant cncentratins and f sil cntaminatin need t be increased dramatically. T sufficiently mnitr changes and needs, adequate resurces shuld be made available t the state and municipalities where drilling activities may ccur. The cperatin f citizens grups and academic prgrams shuld be enlisted, but this must be cnsidered t be a state respnsibility. The fcus shuld be n chemical and physical agents f ptential health and envirnmental cncern. 3) A hlistic apprach t health and safety issues is required. Thrugh analysis f all risks, including thse related t safety and criminal activities, shuld be part f any decisin. 4

5 Summary f Challenge: Reginal Public Health Implicatins f Marcellus Shale Activities Marcellus Shale activities, particularly if extended t the many thusands f wells that are prjected, are likely t present a significant increase in zne precursrs. If s, it is likely that mre f the state will nt be in cmpliance and will have a limitatin n industrial activities in rder t prevent childhd asthma and ther significant health effects caused by zne. Recent evidence als indicates that the cntributin f methane, a greenhuse gas, t glbal climate change (GCC) is greater than previusly appreciated. GCC is a direct and indirect public health threat fr many reasns, including increasing the likelihd f weather patterns that ptentiate zne frmatin. Recmmendatin: It is in the best interest f the state t analyze and regulate Marcellus Shale activity as if it were a single pllutin surce rather than multiple small surces, particularly in relatin t zne frmatin. Methane (natural gas), the gal f Marcellus Shale activity, shuld be cnsidered t be a valuable prduct and its release highly restricted. Summary f Challenge: Wrker Health Implicatins f Marcellus Shale Activities Wrker safety translates int cmmunity safety fr tw reasns. First, as was exemplified by the Deepwater Hrizn event, 11 wrkers died in the acute event that shuld have been prevented thrugh cnsideratin f wrker safety. Als, in the Marcellus Shale situatin, cmmunity grwth is assumed t ccur thrugh the additin f wrkers t the ppulatin. Thus, anything affecting wrkers will als affect the cmmunity. The bservatin by CHEC that there is a wide range in vilatins per well in Pennsylvania per cmpany suggests majr disparities in the extent f a safety culture that wuld prtect wrkers and the cmmunity. Recmmendatin: In rder t prtect wrkers and the public, strict enfrcement f wrker safety standards is necessary. Cmpanies with a pr recrd in this regard shuld lse their ability t participate in Marcellus Shale activities. Summary f Challenge: Crdinating f State Resurces Invlved in Preventing and Respnding t Health and Envirnmental Threats Many state agencies are invlved in prtecting wrkers and the public and in respnding t threats related t Marcellus Shale activities. Gaps in cverage, as well as unbalanced versight functins, are likely t ccur. 5

6 Recmmendatin: A crdinating cuncil f state agencies invlved in preventing and respnding t Marcellus Shale activities needs t be established. It shuld be chaired by the NY State Department f Envirnmental Cnservatin Cmmissiner and reprt t the Gvernr. Its gals shuld include develpment f clear pathways fr versight and respnse. Public health shuld be a majr respnsibility f this Cuncil. Summary f Challenge: Well Pad lcatin The current limit f 200ft frm a building in PA des nt appear t be adequate t prtect frm nxius gases, fumes, r intense lng prtracted nise levels (i.e. flaring, truck traffic, cmpressrs). The result f this clse prximity is creating cmplaints frm neighbrs wh have nt leased r agreed t the industry perating in such clse prximity t their residence. This creates tensin and stress due t what is perceived as invasin f privacy. Reprts f illness due t fumes and nxius gases, lack f sleep and prper rest are frequent. Well pads nly 200 frm a residence als is a threat due t explsin related t gas leakage incidents, which happen ccasinally with this type f industry. Recmmendatin Distance frm well pad t a building shuld be increased t 1500ft frm a residence with the ability t btain a waiver if the well pad siting must be clser t a residence and that waiver will be dependent n additinal sund and envirnmental cntrls. When there is nt enugh distance r an ability t lcate a well pad in a prper lcatin with enugh distance frm a neighbr s residence, every effrt shuld be made t apply sund cntrls (i.e., sund walls, and cntrls n cmpressrs and generatrs), and envirnmental cntrls t capture gases, and fugitive emissins. Industry may have t cnsider in these special lcatins that are in very clse prximity t neighbrs, ffering t huse the residents in a htel r ther facility fr the perid f time there is intense industry activity. 6