Fracking Health Impact Assessments

8/4/2019 Fracking Health Impact Assessments

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MEMORANDUM

TO: NEW YORK STATE SENATOR GREG BALL

FROM: BENJAMIN WILLIAMS, MPH

SUBJECT: STEPS TO MITIGATE THE POTENTIAL HEALTH IMPACTS OF HYDRAULIC FRACTURING IN

NEW YORK STATE

DATE: 9/7/2011

This memo provides background information and recommendations regardinghow best to protect the health of New York State (NYS) residents against the harmful

effects of hydraulic fracturing, or “fracking.” With energy developers poised to exploitthe large reserves of natural gas contained in the Marcellus shale formation under NYS,many important policy questions must be addressed by the New York State Departmentof Environmental Conservation (NYSDOC), Department of Health (NYSDOH), andother executive and legislative bodies in NYS. The recently-developed technology usedto unlock these resources poses risks to human health in a number of ways, most notablythrough contamination of ground and subsurface water supplies and the release of air pollutants, as has been observed in states where fracking has been active for severalyears. The recently-released draft regulations by the NYSDEC are a strong step towards protecting New York’s water resources, but do little to address the many serious potentialhealth effects of fracking. The Senator’s call for legislative action to regulate fracking is

both timely and essential for protecting the health of NYS residents in the short and longterm. The specific steps the Senator has proposed addresses several dangerous gaps incurrent regulation, including the lack of systematic monitoring of soil and water qualityand medical remediation for individuals affected by fracking, and are a welcomedaddition to the proposed NYSDEC regulations. This memo will provide some background information on the fracking process, an overview of the legal and policylandscape of fracking in NYS, and two case studies from states where fracking has beenactive for several years to illustrate the types of health and environmental problems thatcan be expected to emerge if stronger regulation is not adopted in NYS. This analysiswill conclude with a recommendation that a health impact assessment (HIA) beundertaken in addition to the Senator’s other regulatory proposals in order to ensure that

health impacts are continuously evaluated as fracking development moves forward in NYS.

Fracking Technology and History:The technology behind fracking involves both established and recent

technological developments. At the outset, it is important to address some definitionalissues. In this memo, “fracking” is used to refer to a method of natural gas extraction that

About the author: Benjamin Williams is a recent graduate of the Master of Public Health Program at The George Washington University, with aconcentration in Health Policy. These comments are adapted from a

thesis written as part of that program. The author may be contacted at:[email protected]



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incorporates two key features: 1) the hydraulic fracturing of underground shaleformations using a specialized “fracking fluid,” and 2) the use of horizontal well drilling.While this paper uses the term fracking to refer to this extraction process as a whole, inthe following description it is important to distinguish between the separate technical processes of hydraulic fracturing and horizontal drilling in order to understand how this

technology developed and why it has been widely adopted in recent years.The technology of hydraulic fracturing has been used by the oil and gas industrysince 1949 as a means to increase production from oil and gas wells. Although exactnumbers are not available due to the large number of energy developers active, it isestimated that there have been 2.5 million fracture treatments, or “frac jobs,” to date, andthe method is currently used at approximately 60% of all wells drilled today (withmultiple frac jobs performed at each producing well). i The purpose of hydraulicfracturing is to stimulate the release of “tight” oil or gas trapped in subsurface rock formations. After the well has been drilled (in the Marcellus shale, at a depth of 4,000 to8,500 feet), a pipe is inserted and encased in concrete. A perforating gun is then loweredinto the well, and explosives are set off at regular intervals along the pipe to maximize

the number of fractures and interlinkages within the rock.

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The hydraulic fracturing process then begins with the injection of a fracking fluid mixture into the wellbore under high pressure. When the fluid reaches the fractures, the oil or gas is agitated andreleased.iii In order to keep the fractures open, a compression-resistant substance knownas proppant is injected into the well along with the fracking fluid proper. This processmay be repeated many times at various points along a single well before the oil or gas isallowed to come to the surface. Depending on the size of the well and the composition of the rock, a single frac job can require up to five million gallons of fracking fluid,containing over a million pounds of proppants (usually a mixture of sand andchemicals).iv A proportion of this mixture is returned to the surface in the form of flowback, sometimes referred to as “produced water,” which consists of the originalfracking fluid and proppant mixture as well as high concentrations of dissolved solidsfrom inside the well. Depending on the site and methods used, flowback may account for anywhere between 10 to 90 percent of the fluid injected into the well.v

While the hydraulic fracturing process has been used to increase the productionfrom oil and gas wells since the late 1940s, the process was not used to access natural gasin shale rock formations until the early 1990s, when the development of new frackingfluid mixtures allowed for the economical extraction of gas from the Barnett shale play inTexas.vi,1 Shale gas remained a marginal player in the energy sector until 2003, when the

1 The term “play” is used within the industry to refer to different shale formationscontaining a significant amount of natural gas



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technique of horizontal drilling was first applied on a large scale to 55 frac jobs in theBarnett shale play.vii Horizontal drilling is similar to conventional drilling except that,once in the shale rock, the drilling proceeds horizontally, near-parallel to the surface (seefigure 1). This technique allows a greater area of shale to be fracked from a singlewellhead, greatly decreasing both the cost to yield ratio as well as the surface footprint of

the wellpads, leading to a 2.5 to 7-fold increase in the rate of production compared totraditional gas wells.viii The result of these developments has been a 14-fold increase indomestic shale gas production from 2000 to 2010, which as of 2009 provided 14 percentof all natural gas consumed in the U.S., with natural gas making up 25 percent of totalU.S. energy consumption, or 21.0 trillion cubic feet (tcf).ix

Figure 1: Natural gas production with horizontal drilling from the Marcellus Shale formation.x

The distribution of shale gas plays determines where fracking can take place (seefigure 2). The Barnett shale formation in Texas is the longest-running and most productive of shale gas plays, producing 1.9 tcf of natural gas in 2010 – roughly 6% of total U.S. production – from some 15,400 wells.xi Developments in the Marcellus shale, principally in West Virginia and Pennsylvania, produced an additional 180 billion cubicfeet (bcf) of natural gas from July, 2009 to July, 2010. The Marcellus shale formation is



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estimated to contain anywhere between 168 and 516 tcf of technically recoverable gas,much of it underneath NYS (see figure 3).xii Current plans to develop fracking in NYSare focused on the Marcellus shale, but it should be noted that the Utica shale, which liesunderneath the Marcellus formation, also contains a large quantity of natural gas,although much of it is not economically recoverable using current methods. xiii As of

2011, the U.S. Energy Information Agency (EIA) estimates there are 827 tcf of technically recoverable natural gas in shale formations throughout the U.S., although the proportion of this that is economically recoverable relies on too many shifting factors(e.g. technology, energy prices, investment interest) to be accurately estimated.xiv

Figure 2: Major shale gas plays in the U.S.xv



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Figure 3: Map of the Marcellus shale formation within New York Statexvi

Human Health ConcernsThe explosive growth of shale gas developments over the past decade has also

greatly increased the impact of fracking on communities and natural ecosystems.Although there are many areas of crossover, the health concerns that have arisen can be broadly categorized as air or water based, or else related to secondary effects of development (e.g. noise, traffic congestion, stresses on local infrastructure). In thissection each will be reviewed in turn.

Water ContaminationBy far, the greatest single health concern raised by fracking arises from the

potential for water contamination, principally from fracking fluid. Although the vastmajority (some 99%) of fracking fluid is composed of water and sand, the amount of water needed (up to five million gallons per frac job per well) necessitates the use of tensof thousands of gallons of chemicals for each frac job.xvii Composition of fracking fluidvaries and is often in part of whole undisclosed to the public due to a lack of disclosurerequirements and the proprietary nature of each company’s particular formulation.However, fracking fluid (in disclosed cases) is known to often contain a number of harmful chemicals. The Pennsylvania Department of Environmental Protection (PADEP)



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recently released a list of chemicals used in fracking fluids (although amounts andformulations were not disclosed), and found that several dozen of the 54 chemicals usedare known to cause adverse health effects from skin irritation to cancer and nervoussystem damage.xviii

While the health effects of many of the individual chemicals used in fracking are

well-established, the link between fracking activity and human health remain opaque.There is substantial antidotal evidence that those living near fracking sites suffer fromhealth conditions strongly associated with toxic chemical exposure, however there have been few substantive studies demonstrating causality, in no small part because the shorttime in which substantial fracking developments have existed limits the longitudinal datanormally needed to establish excess disease incidence and mortality. To understand potential areas of concern, this section will focus on areas where fracking is mostcommonly alleged to have impacted health or environmental quality. Whether or not agiven health claim has a scientific basis, it is important to know what effects should bemonitored for in order to both establish safe fracking practices in NYS as well as addresscitizen concerns as they arise. We will begin with an overview of routes by which

contaminated water may enter the environment.

Surface Water Spillage and Treatment

As noted above, anywhere between 10 to 90 percent of fluid injected into frackedwells comes back to the surface in the form of flowback. This flowback contains theoriginal fracking fluid as well as dissolved salts and radioisotopes from underground.xix The laws governing flowback treatment and disposal vary widely from state to state. Themost lenient, such as Ohio, allow fracking fluid to be treated in municipal waste facilities before being dumped into waterways.xx Until very recently this practice was common inPennsylvania, however, a number of factors including ongoing public opposition,evidence that municipal treatment could not remove some wastes, and the refusal of somewaste sites to accept flowback led to an agreement between the gas industry and thePADEP to use other disposal methods.xxi Almost simultaneously, a similar agreementwas reached in Texas.xxii Apart from municipal waste treatment, the most commonmethods of treating and disposing of flowback include evaporation in open air pitsfollowed by solid waste disposal or re-purposing, treatment at specialized processing plants, and underground injection into geological formations. Pennsylvania has recently begun shipping flowback water for disposal in Ohio, which has a much larger number of viable disposal wells.xxiii There has also recently been increased interest in the re-use of fracking fluid, however the economic viability of this practice, as well as the amount of fluid and chemicals that can be re-used, is not known.xxiv

It is standard industry practice in most states to initially store flowback in open air



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or covered, lined pits near the fracking site for transport to permanent storage, or sometimes evaporation and later separate disposal of solid waste.xxv Contamination of thesurrounding environment can take place from this point in a number of ways, includingseepage through improperly lined pits, overflow due to rain, breakage of the pit lining or support, and human error. While individual spillage events are usually not immediately

harmful to a large area, they can be frequent. Colorado, for example, experienced over one thousand reported spills between January, 2008 and June, 2010, totaling more than5.2 million gallons of fracking fluid, flowback water, and oil, much of it reaching groundor surface water.xxvi One of the major concerns expressed over fracking is the potentialcumulative effect of spills and improperly-treated fluid on the ecosystem, which has not been the subject of any extensive environmental or health study.xxvii The effect onindividual communities is presented in the case studies below.

Underground Contamination

Because fracking in the Marcellus shale takes place between 4,000 to 8,500 feetunderground,xxviii each well requires extensive casing to prevent communication between

the ground and the fracking fluid and methane flowing through the well. Absent, faulty,and corroded well casings have caused a number of documented leaks, which can migrateupwards into the aquifers as well as the surface.xxix In Pennsylvania, for example, a 2007study of the water quality at 200 private wells found that 3% exceeded drinking water standards for total dissolved solids, barium, or chloride, with another 5% showingelevated levels, none of which was observed in a similar study undertaken just before gasdevelopment began.xxx Both methane and a number of known carcinogens have likewise been found in water wells near fracking developments, often in significant excess of drinking water standards.xxxi While the extent of such contamination is not known due todisparate reporting standards and a lack of monitoring programs, the number of complaints emerging from local citizens suggests that many leaks go undetected and

unreported.

xxxii

Furthermore, in many cases non-disclosure agreements betweenlandowners and industry prevent the collection of detailed data on health andenvironmental effects.xxxiii

Air ContaminationAir contamination from fracking can come from many points along the

production process (see figure 4). A single rig carries a large amount of equipment,requiring a large number of diesel and/or gas generators, while roughly one thousandtanker trucks are needed to haul the fracking fluid to and from a single frac job, withanother thousand trucks needed to haul equipment.xxxiv The industrial activity on the well pad is a source of CO2, nitrogen oxides (NOx), ozone, and volatile organic compounds



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(VOCs), while the well itself can release methane into both the air and water.xxxv Areaswith a large number of wells have observed increased rates of asthma, COPD, andvarious types of cancer (although the relative contribution of air and water exposure toincreased concentrations of VOCs and other carcinogens is unknown).xxxvi

Figure 4: Estimated total emissions of ozone, NOx, and VOCs from the Barnett shale by source for the

summer of 2009, in tons per day (tpd)xxxvii

Community Impact and Ancillary EffectsAs with the introduction of any heavy industry, fracking often has a substantial

impact on communities. Many communities where fracking takes place are small, andhave little experience with the scale of operations that fracking entails. A single frac jobrequires approximately 2,000 truck trips to and from the site to deliver equipment andfracking fluid and dispose of waste (recall that a single well is fracked many times, andan active field may contain thousands of producing wells at once).xxxviii Apart from theemissions, these vehicles generate a large amount of noise and a sharp increases in traffic,

substantially changing the ambience of many small towns, and in many cases lowering property values.xxxix The introduction and expansion of support industries (e.g. gasstations, restaurants, hotels) can likewise drastically alter the build environment.xl Theimpact of non-local workers on community resources such as health care and educationalso affects the culture and infrastructure of the host community.xli Attending thesechanges are some economic benefits via job creation and an overall rise in economicoutput. One study by energy economists from the University of Wyoming andPennsylvania State University project that drilling in New York could create up to100,000 jobs in the state, in addition to $1.4 billion in new tax revenues and $11.4 billionin total economic output from 2011-2020.xlii For state as well as local planners, these



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benefits are of great interest in light of the economic downturn and ongoing state budgetcrises.xliii However, as discussed below, these projected economic benefits must beviewed alongside the negative economic effects of fracking, which arise from suchsecondary effects as damage to health and the environment, increased strain on localutilities and safety net providers, and the opportunity cost of transforming local

economies to accommodate the needs of the energy industry.All effects of fracking, both positive and negative, tend to have a transformativeeffect on the communities they enter, as energy development often does.xliv These includethe effects described above, as well as more subjective effects on local culture. Some inthe community, particularly those who lease their land to developers, receive a larger portion of the economic gain from fracking, and the resulting wealth disparities and other changes in the social and cultural landscape can be a source of friction in somecommunities where a portion of the population is opposed to fracking. xlv This isnoteworthy in particular due to the strong opposition to fracking in NYS, discussed below. The potential for fracking to lead to such conflicts in communities is an importantfactor in developing policy options for addressing health concerns, as any successful

policy will have to be acceptable to a large portion of the community in order to beeffective.

Fracking RegulationThe regulation of fracking has been the source of heated debate since the early

2000s. Although the type of fracking discussed here (including both hydraulic fracturingand horizontal drilling in shale rock) is a relatively new industry, many of the state andfederal regulations governing where fracking can take place and how to dispose of waste products fall under existing regulations governing underground resources and traditionalgas drilling. This section will provide a brief overview of the current regulations at boththe federal and state level, with a focus on recent developments in NYS.

Federal Regulation of Fracking

The EPA is the primary organization within the federal government withregulatory responsibility over fracking. However, until recently there has been little inthe way of federal action to study or regulate the fracking process or byproducts. Thefirst major federal study of fracking, completed in 2004, focused on water contamination.The study concluded that fracking posed “little or no risk” to water resources.xlvi Thisstudy was used as the basis for language in the 2005 Energy Policy Act that largelyexempted fracking from regulation under the Clean Water Act and from certain provisions of the Clean Air Act, Safe Drinking Water Act, Resource Conservation andRecovery Act, Comprehensive Environmental Response, Compensation, and Liability



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Act (a.k.a. the Superfund Act), and the Emergency Planning and Community Right toKnow Act.xlvii These exemptions have meant that almost all regulation of fracking is doneon the state level, leading to disparate standards from one state to the next.

While the EPA does not currently regulate fracking, there has been a recent push by individuals, advocacy groups, and some legislators to bring the industry under greater

federal control. In addition to new evidence that has emerged on the dangers of fracking, both former EPA officials and environmental and health advocates have noted that the2004 EPA study suffered from methodological shortcomings, and that the energyindustry has overstated the extent to which fracking is known to be safe based on thisstudy.xlviii In June, 2009, matching bills were introduced in the U.S. House and Senate – the Fracturing Responsibility and Awareness of Chemicals (FRAC) Act – which wouldremove the Safe Drinking Water Act exemption and require companies to disclose thechemicals used in fracking fluid; however the bill has not yet left committee and is notexpected to be brought to a vote in the near future.xlix Acting within its current jurisdiction, EPA Administrator Lisa Jackson has announced work on new clean air regulations for fracking developments.l These regulations are not expected to be released

until 2012, however, when the initial results of a second, two-year EPA study on theeffects of fracking on water resources is released.li

Notably, NYS Attorney General Eric Scheiderman has recently sued the EPA(among other federal entities) under the National Environmental Policy Act (NEPA) torequire it to undertake an environmental impact statement (EIS) to determine the potential damage that fracking development could cause to the Delaware River Basin before development is allowed to take place nearby.lii The Delaware River Basin provides water to a total of 15 million people and covers 58 percent of the New York City watershed. The suit alleges that fracking would necessitate additional sewagefiltration capacity for New York City at a cost $10 billion initially, with $100 million inannual maintenance.liii The Delaware River Basin Commission is an interstate compact between New York, New Jersey, Delaware and Pennsylvania, and the proposeddevelopment along the Delaware river permitted by new Basin Commission regulationswould allow 15,000 to 18,000 new wells to be drilled nearby.liv This case is relevant tothe future of water and resource issues throughout the Northeast, and illustrative of thecomplexities of federal and state regulation and responsibility surrounding fracking near water resources.

State Regulation of Fracking

Because of the lack of significant federal involvement to date, and that becausegas-containing geological formations are so varied in depth and difficulty of extraction,individual state approaches to fracking regulation are highly varied. This section will



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review the regulations, in place and proposed, that would govern elements of frackingthat could potentially affect human health in NYS.

While no fracking has taken place in the New York Marcellus shale as yet,regulations are in place pertaining both to gas drilling activities generally and fracking in particular, and continue to be updated. Under current NYS regulations, an operator who

wishes to drill and frac a well must submit a permit application that includes a descriptionof the drilling program, maps of the drilling area, an Environmental Assessment (EA)form, and an application fee.lv The EA must provide a description of how flowback will be contained and disposed of.lvi The applicant must also indicate any environmentalresources on or near the proposed site such as major aquifers and bodies of water thatserve agricultural land and areas containing endangered species.lvii Finally, the applicantmust address whether topsoil will be disrupted by activities and indicate any erosioncontrol measures that will be undertaken. lviii The NYSDEC, as the lead agency indeveloping fracking regulation, is responsible for reviewing and approving these proposals, and requires applicants to both disclose the chemicals used in the frackingfluid as well as provide a “cradle to grave” description of the water that will be used.lix

While the above regulations still apply to all proposed fracking developments, NYSDEC very recently released new draft regulations for public comment as part of thePreliminary Revised Draft Supplemental Generic Environmental Impact Statement(SGEIS), in anticipation of the end of the ban on fracking, which expired at the beginningof July.lx These rules are required by the State Environmental Quality Review Act(SEQRA), which calls for the state to perform an EIA before permits for fracking (or anyactivity with potentially negative environmental effects) can be issued in NYS, whichmust include recommendations for mitigating harmful environmental effects.lxi Theseregulations center mainly on protecting water resources, and put more restrictions on the permitted location of wells than most states. lxii The proposed regulations would bandrilling within 500 feet of any private water well, 2,000 feet of a public drinking water

supply, or near the New York City and Syracuse watersheds, as well as on flood plains,in state parks, forest areas, and areas containing endangered species.lxiii The regulationsalso require that companies disclose the chemicals used in fracking fluid to the NYDEC,although they can request that chemicals constituting “trade secrets” can remainconfidential from the public.lxiv In total, these regulations would permit drilling onapproximately 85 percent of the Marcellus shale within NYS. lxv

While the SGEIS goes beyond many other states in restrictions on drilling near water resources, it is also noteworthy for the issues it does not address. In the thousand page document there is no chapter on human health, no provisions for tracking humanhealth impacts, no mention of effects on vulnerable populations, and no plans to performan HIA.lxvi While SEQRA is primarily geared towards preventing and mitigating



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environmental damage, the Act does empower the NYSDEC to consider public healthimpacts to whatever extent it deems necessary. As these were not included in the SGEIS,currently proposed regulations cannot be said to be comprehensive with respect to healthimpacts, and thus do not address the most pressing concerns of many NYS residents.

To show the cumulative effects of fracking on communities and inform the policy

recommendation below, the following case studies will look at how the factors discussedin this section have impacted two communities where fracking has been active for severalyears.

Case Study #1: Dimock, PADimock, PA is a small town with a population of 1,400, located north of Scranton,

near the southern border of NYS. Cabot Oil and Gas Corporation began leasing land inthe Dimock area in 2005. Residents were offered both royalties and one-time paymentsof anywhere between $250 to $2,500 an acre to allow drilling on their land.lxvii Residentswere often told that there was no risk of damage to their property and water. Where anumber of neighbors had leased adjoining land, residents were also told that gas would be

extracted from their land regardless of whether they sign the lease by a process known as“forced pooling.”lxviii

The impact of more than 60 fracked wells on the small town of Dimock wassubstantial, and has garnered national attention at several points over the past few years,including serving as one of the primary locations featured in the 2010 documentaryGasland . The story of Dimock is like that of many other small towns affected by gasdrilling. By 2008, many Dimock citizens had complained that a number of environmental and health issues had emerged shortly after drilling began. These includeddizziness, headaches, sores, sick and dying livestock, and brown and sometimesflammable water.lxix Analysis by the PADEP and others of several water wells found highlevels of methane, toxic metals, and a number of carcinogens.lxx Following the death of

many of his livestock, one resident’s well was found to contain 6,430 times the safe levelof arsenic, 1,417 times the safe level of tetrachoroethene (a carcinogen and centralnervous system suppressant), 44 times the safe level of benzene, five times the safe levelof naphthalene, and high levels of mercury and selenium.lxxi In April, 2009, a truck carrying 800 gallons of diesel fuel turned over, spilling its contents on the land andkilling much of the vegetation. In September of that year, up to 8,000 gallons of undiluted fracking fluid leaked from a pipeline into streams and waterways, killing muchof the fish and turning the water a dark brown color. Cabot was fined $360,000 by thePADEP for the spill and failure to fix the leak, although no major cleanup was attemptedor required.lxxii



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In response to citizen complaints, Cabot installed water filtration systems for some individual families and, if complaints continued, delivered fresh water in largetanks.lxxiii However, drilling has had a multitude of impacts that go beyond drinking water,such as lower property values and air quality, and the overall environment created bylarge-scale industrial operations.lxxiv In November, 2009, 15 families sued Cabot for

negligence, breach of contract, and fraudulent misrepresentation, among other charges.

lxxv

The lawsuit was settled by Cabot in December, 2010. The $4.1 million settlementspecified ameliorative measures, including new water systems for affected families, thatCabot was to pay for.lxxvi The settlement replaces an earlier enforcement order by the PADEP, which would have required Cabot to pay $11.8 million to run a new municipalwater line to Dimock.lxxvii Legal battles are ongoing, and many residents withenvironmental and health complaints have yet to receive any form of compensation.

One of the features of the Dimock story that is common among rural frackinglocations is the impact on community cohesion. While the amount paid varies widely,some landowners have seen enormous financial benefits from their leases, and willcontinue to so long as gas is produced and royalties paid. lxxviii Local businesses have also

profited from some aspects of the gas boom in Dimock, and have opposed any efforts thatmight slow development.lxxix In short, the economic impact of fracking, both good and bad, have led to an uneven distribution of risks, rewards, and damages within thecommunity. There is no consensus on the extent of the damage that fracking has caused,and little legal precedent for adjudicating complaints.lxxx For a small town such asDimock, the scale and speed of development can rapidly change longstanding communitydynamics. These impacts will prove important for the forthcoming policy analysis.

Case Study #2: Garfield County, ColoradoGarfield County is located in the northwest portion of Colorado. It is primarily a

rural county, with a population of 56,389 spread out over 2,958 square miles.lxxxi In 2000,

Garfield county had 200 gas-producing wells,lxxxii

which has increased to 8,736 as of July,2011, making Garfield one of the most drilled counties in the country.lxxxiii Opposition tofracking development in Garfield county has led to a number of studies and serves tofurther illustrate the real and perceived social impact of the introduction of fracking onsmall communities.

The first serious opposition to fracking in Garfield County began in 2004, whenresidents began to complain that they were getting sick as a result of drilling activities, primarily conducted by the Antero Resources Corporation. lxxxiv As in Dimock, refsidentsnear gas developments alleged that shortly after drilling began numerous air and water quality issues arose, including strange odors, discoloration of well water, and, in some



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cases, flammable tap water.lxxxv Along with these were numerous health complaints,including skin rashes, bloody noses, headaches, joint pain, worsened asthma, respiratory problems, and sometimes rare forms of cancer (in particular adrenal and pituitarycancer).lxxxvi

Unlike most other fracking sites around the country, Garfield County has been the

subject of a major study on the human health effects of fracking development (in contrastto those studies that look mainly at environmental effects). While data on conditions before drilling began is sparse, the study provides an evidentiary outline of the variousways in which fracking can impact human health, directly and indirectly, and will informour policy options below. Researchers at the Colorado School of Public Health performed an HIA at the request of the Garfield County Board of County Commissionersto investigate the potential health impacts of a proposed development in the town of Battlement Mesa based on the observed impacts of fracking on Garfield County as awhole.lxxxvii In consultation with community members, eight areas of concern wereidentified and studied: air pollution, water and soil contamination, traffic from industry,noise and light pollution, community wellness, economic impacts, impacts on the

healthcare system, and accidents and malfunctions. These are briefly reviewed in turn below.On air pollution, the researchers identified a number of potentially harmful

compounds released as a result of well operations and increased traffic, including ozone,carbon monoxide, benzene, methane, and a number of known carcinogens; however, theresearchers were not able to estimate the extent of exposure or resulting health impactsdue to the complexity of modeling pollutant distribution and a lack of monitoringinfrastructure.lxxxviii On water and soil contamination, the researchers similarly noted thatreleases of hazardous chemicals result from fracking operations, but could not beaccurately modeled, in large part due to the lack of baseline rates with which to comparewater and soil quality readings taken after fracking began. lxxxix On traffic, the researchersconcluded that the increased traffic along many previously low-traffic roads would pose arelatively high level of hazard for as much as five years (the expected lifespan of mostwellpads), although, again, the risk could not be quantified as the number of vehicles onthe road at any given time could not be predicted.xc On noise and light pollution, theresearchers observed that many existing wells produced noise on the order of 65 to 85decibales, high enough to increase risk of several health conditions, including insomnia,hearing loss, hypertension, cardiovascular disease, and assorted psychological symptoms(e.g. irritation and loss of concentration).xci The elderly were identified as at particular risk due to a higher rate of underlying cardiovascular disease.xcii Light was also identifiedas a potential health hazard due to its potential to cause sleep disturbance and irritation,although the risk was too subjective to quantify.xciii On community wellness, the



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researchers observed increased levels of crime, drug use, and sexually transmittedinfections following the influx of workers and their families, and based on a literaturereview express concern that there would be additional impacts on rates of suicide andmental health disorders, as well as more subjective measures such as communitycohesion.xciv At the same time, some positive effects of gas development were expected,

including increased business for support industries (e.g. restaurants and hotels), as well asan increase in taxable income.xcv This was somewhat offset, however, by the resultingneed for additional services (e.g. police and schoolteachers). On economic impacts ingeneral, the researchers project that the majority of economic benefits would go to thosedirectly employed in well operations.xcvi This is due in part to the observation that local“boom” economies often have the effect of inflating local prices, both through increaseddemand and the introduction of “big box stores.”xcvii Similarly, property values, although buoyed in some areas by the influx of workers, are usually lowered overall due to theenvironmental and community effects of fracking.xcviii In sum, on community effects theresearchers project both benefits from increased employment (e.g. lower anxiety due to job security and better care due to increased rates of health coverage) as well as negative

effects resulting from increased stress caused by lower property values and higher pricesfor goods.xcix On impacts to the healthcare system, the researchers projected both positiveeffects from the increase in health care dollars from employees (many of them withinsurance coverage), as well as negative effects from the immediate strain these workersand their families would place on the (relatively limited) county health infrastructure.c Both the positive and negative impacts on the healthcare system were expected to be of alow magnitude relative to other impacts. Finally, on accidents and malfunctions, theresearchers found that over a two-year period (2008-2010), county-wide there had been236 reported spills (reporting is required for spills of greater than five barrels) involving66,386 gallons of fluid (primarily fracking fluid and flowback), and estimate that anygiven well could be expected to experience approximately 12 spills of 5 barrels or more

over its lifespan.

ci

The magnitude of the health impact of spills depends largely oncontent and location, but the potential for widespread damage in the event of a large spillor cumulative damage from many smaller spills led the researchers to classify the potential health impact as high, relative to other effects.cii

The Garfield County HIA researchers made 70 specific recommendations toaddress the health risks identified. Some address general concerns faced at fracking sitesnationwide, such as containment of flowback and monitoring of air and water pollutants,while some are tailored to local conditions, such as noise and traffic mitigation onspecific roads.ciii While the HIA was limited in the extent to which it could quantifyspecific health risks due to a lack of longitudinal data and the sheer complexity of thevarious health determinants under study, it provides a blueprint for understanding these



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multi-faceted impacts, and through the data collection and revision process provided aforum for stakeholders from the community to express their concerns.civ The extent towhich the Colorado Oil and Gas Conservation Commission (the primary body inColorado responsible for fracking regulation and study) will incorporate theserecommendations into existing regulations and permit-granting practices is unknown at

this time.

Stakeholder and Economic AnalysisThe issue of fracking has attracted the interest of a wide range of stakeholders.

Those with the greatest influence over the process include Governor Cuomo, the statelegislature, the oil and gas industry, NYS businesses, landowners who lease to gasdevelopers, environmental and health advocacy groups, and NYS residents (asindividuals and members of advocacy groups). In this section we will look at the positions of these stakeholders, their overall goals, and strategies for mobilizing support

for ensuring that regulation of fracking addresses all relevant health and environmentalconcerns.

To begin, it is important to understand the economic nature of fracking and theenergy industry in general. While it has been known that large amounts of natural gasexist in various U.S. shale formations for decades, only recently has there been aneconomic incentive to develop these resources. As mentioned above, the development of horizontal drilling in the 1990s decreased the cost per unit of gas produced, and permitteddrilling platforms to be more sparsely distributed over a given area. The market price of natural gas at which fracking is profitable varies greatly from one area to another, butaverages between $4 to $7 per thousand cubic feet (mcf).cv Currently, the price of gasdomestically is fluctuating around $4.50 per mcf.cvi These price lows are thought to

partially be the result of the 2008 recession, as well as speculation in energy markets; ingeneral, the decline of gas yields from conventional wells is expected to drive up gas prices in the future.cvii It is expected by gas developers and some analysts that as the priceof oil climbs, there will be a shift to natural gas as a “bridge fuel” that will help totransition the U.S. away from the use of coal for electricity generation and oil for transportation (although it should be noted that gas prices also impact the cost of frackingitself due to the large volume of truck and car traffic required, and other energyrequirements).cviii Predictions aside, it is estimated that some 40 percent of US natural gas produced in 2010 did not reach the break-even point for producers.cix Because the marginfor gas production through fracking is often very low, there is strong incentive for



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industry to resist any new regulation, especially if they require additional expendituresfor each well. To give a sense of the impact of regulation, the cost per well currentlyranges between $2.5 to $10 million.cx The cost of improved well design, including suchadditions as improved well casing, is estimated to be $285 thousand per well; surfacedisturbance mitigation, such as road repair and sound barriers, is estimated to cost $85

thousand per well; finally, additional treatment of flowback water is estimated to cost$350 thousand per well.cxi

Because regulation can potentially make the difference between a profitable andunprofitable well, companies involved in fracking have launched a large scale PR effortat the federal and state level to depict any additional regulation of fracking as destructiveto jobs and the economy in general, stating that any proposal to introduce new federalregulation would cost the treasury $4 billion in lost royalties, taxes, and other payments,as well as tens of thousands of jobs (although these numbers are not linked to any specificregulatory proposal or economic analysis).cxii In NYS alone, the natural gas industry hasspent an estimated $2 million on lobbying from 2005 through the first half of 2010. cxiii

One study that is often cited by industry advocates states that additional delay in fracking

development in NYS could cost $11.4 billion in lost economic output, $1.4 billion in taxrevenues, and 15,000 to 18,000 jobs from 2011-2020.cxiv However, as discussed below,these projections do not incorporate any analysis of the negative economic and socialeffects of fracking, and thus should not be viewed in isolation.

While it is impossible to know what the impact of the pro-fracking campaign has been, the lack of major political opposition from leaders of either party is a sign that political opposition is low. President Obama has supported increased natural gasdevelopment from fracking,cxv and as mentioned above there is presently littleCongressional support for new federal regulations. Governor Cuomo has likewise beengenerally supportive of fracking, (although cautious of potential environmental effects),and has not moved to extend the ban on development, which expired at the beginning of July.cxvi NYDEC Commissioner Joseph Martens has also stated that he believesdevelopment can now move forward under the recently proposed regulations, althoughthey will have to be revisited after public comment and codified into law – likely by nextyear – before development can proceed.cxvii

Many NYS businesses stand to gain from fracking development. While theoverall economic effect of fracking on communities varies, the influx of personnel andindustry to an area can be a great benefit to some local industries, such as hospitality andconstruction, and produces jobs working at wells and in support capacities.cxviii Furthermore, residents who lease their land, depending on a number of factors, stand togain substantially from both up front leasing costs and royalties. In the general population, there are a sizable number of citizen stakeholders who support fracking



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development; in a recent poll, 45 percent of NYS residents favored frackingdevelopment, 43 percent opposed fracking, and 13 percent were unsure.cxix

While some industries and individuals stand to gain from fracking, it is necessaryto look at the broader economic impact of fracking on communities. Energy developersoften promise substantial economic benefits from the introduction of fracking, however,

several studies show that many of these benefits are short-lived and concentrated in a fewsectors. A 2008 report from Headwaters Economics found that, from 1995 to 2005, theaverage rate of growth in personal incomes in energy-focusing (EF) counties was 2.3 percent, compared to 2.9 percent in peer counties.cxx EF counties were also found to beless economically diverse and to have greater wealth inequality than their non-EF peers.cxxi Another popular selling-point of gas developers – that development will lead tolocal job-creation – is also often overstated. While the introduction of gas drilling doeslead to greater activity in some local sectors, such as hospitality, many of the jobs relatedto gas drilling itself go to out of state workers – in Pennsylvania as much as 70 percent of gas-rig jobs.cxxii Finally, the economic benefits versus costs of fracking in New York Statehave not been subject to any rigorous analysis.cxxiii It is possible that the net economic

benefit of fracking is entirely offset by other factors such as damage to local waterways,declining property value (as seen in our case studies), damage to roads, higher utility andsocial service utilization, higher health care costs, and reduced economic robustness.Without a full analysis of all effects from fracking, the economic benefits advertised bydevelopers tell only one side of the story, and should not be used as the sole basis for major policy decisions.

A number of citizen-based advocacy groups have formed around the issue of fracking. In NYS these include Residents Opposed to Unsafe Shale-gas Extraction, theCoalition to Protect New York, and No Fracking Way. These groups are supported byvarious state and national advocacy groups, such as Citizens Campaign for theEnvironment and the Natural Resources Defense Council. Recently, a group of 47groups petitioned Govorner Cuomo to renew the NYS ban.cxxiv While it is difficult toquantify their impact on policy, public opposition to fracking very likely was amotivating force in the original ban, which had also faced strong opposition in the stateAssembly and Senate.cxxv

The debate over fracking is notably polarized. In general, proponents claim thatfracking is a safe, proven technology that can be deployed without damage to theenvironment or hazard to humans by following existing state regulations.cxxvi Opponentsclaim that fracking is an inherently dangerous industrial activity that has and willcontinue to cause an unknowable amount of damage to the environment withcorrespondingly harmful human health impacts unless heavily regulated or bannedentirely.cxxvii Governor Cuomo has apparently sought a more moderate position, and in



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this vein the following policy analysis and recommendation will attempt to strike a balance between these extremes. As this overview has shown, there is a sizable gap inscientific knowledge demonstrating either the dangers or the safety of fracking.However, it should be emphasized that the lack of knowledge in this area cannot bereasonably interpreted as indicating, as industry advocates often claim, that fracking is

without risks, or that any risks that exist are not different from those inherent to the restof the energy industry. There is clearly a quantitative, if not qualitative, difference between fracking and traditional oil and gas extraction methods due to the sheer number of wells that must be built and the amount of fresh water and chemical additives neededfor each frac job. As many studies on the matter have concluded, much more research isneeded before any judgment can be made on all the potential health effects of fracking.Given this, the analysis below will seek to find a middle ground that respects both the potential dangers of fracking as well as the potential economic benefits, as both haveevidence to support their view and both are represented by powerful economic, social,and political stakeholder interests.

Conclusion and Policy RecommendationThe Senator’s proposal to legislate greater regulation of fracking is an importantstep towards ensuring that human health and the natural environment do not suffer as aresult of natural gas development in NYS. Based on this overview, it is recommendedthat the Senator include in his proposal a directive for the NYSDOH to perform acomprehensive health impact assessment (HIA) like that performed in Garfield County.This document should provide a thorough overview of the various routes by which healthmay be impacted by fracking development, and provide recommendations to minimizeand/or mitigate negative health impacts if they occur.

HIAs are an increasingly popular tool in public health that have been widelyutilized by Departments of Health and other organizations worldwide.cxxviii The cost of an

HIA averages from $10,000 to $150,000 and above, depending on the length and breadthof the investigation,cxxix and can take up to six months per iteration.cxxx The HIA conductedin Garfield County took just under two years to produce its second draft. cxxxi While anHIA for NYS could be expected to be more involved than that for only one county, in principle many of the overarching issues related to fracking (e.g. aquafir contaminationand air emissions) could be addressed on a broader basis.

This option goes further to address the lack of standardized information onfracking and directly addresses the issues we can expect to emerge as fracking movesforward in NYS. While an HIA can be a complex and costly undertaking, there are manyadvantages to this option, especially at this point in time. Most importantly, an HIA likethat conducted in Garfield County would help greatly to disentangle and illuminate the



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many potential impacts of fracking. Oftentimes, both those for and against fracking limittheir focus to a subset of issues, such as water or air quality, to the exclusion of other effects, and this can be seen in the range and scope of studies that have been undertakento date. The 2004 EPA study on fracking, for example, looked only at the risk to water resources, and did not include any analysis of human health risks. Nevertheless, this

study has been presented by many in favor of fracking as evidence that there are nosignificant risks to health from the practice. Likewise, the recent SGEIS, although said to be comprehensive with respect to potential issues arising from fracking, makes littlemention of health impacts specifically, and proposes no regulations designed to protect or monitor human health. Omissions such as these in major, policy-making studies, makeaccurate risk assessments all but impossible, and very likely lead to further polarization between those for and opposed to fracking.

One of the major benefits of an HIA, beyond the scientific data it would provide,is its potential to bring together stakeholders. At the beginning of the HIA process and before each revision, stakeholders from both sides can be given the opportunity to reviewand publically comment on the data analysis and research focus. This process was used

to both provide a forum for stakeholder participation and gauge stakeholder positionsduring the HIA in Garfield County.cxxxii By initiating this process, the DOH would help tomitigate the ongoing impression by many residents that their concerns with respect to thehealth effects of fracking are not being addressed, and to avoid more cases like Dimock,PA, where lack of community involvement has contributed to litigation and community protest. At the same time, it would provide an evidentiary basis for any future regulationthat might be needed, or an existing rule that should be rescinded. If initiated soon, the preliminary results could be available before the first wells are expected to be drilled in NYS, which will likely not be until next year at the earliest.cxxxiii The document could helpto meet the demands of environmental and health groups opposed to fracking and allowgas developers to move forward on schedule. This option strikes a balance that will notinterfere with the activities of the NYSDEC, and will help Governor Cuomo to meet callsto protect air and water resources.

The actual HIA can be conducted by the NYSDOH or contracted to a third party.Some of the foremost experts on environmental health work at state universities and for private firms in NYS, and a request for proposal (RFP) could be issued to allowresearchers to compete for the project, either as a wholly independent contractor or in partnership with the DOH. The RFP can be made to specify that the study look atmultiple dimensions of health impacts, as in Garfield County.cxxxiv The cost of this policyoption will vary depending on the length and comprehensiveness of the HIA, but someestimates can be made. The Garfield county HIA has had a reported cost of approximately $400,000 over roughly two years.cxxxv Using this as a baseline, and



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recognizing the added complexity of performing an HIA on a state rather than a countylevel, we estimate the cost of an HIA of comparable detail to the Garfield County HIA to be between $500,000 and $700,000. For this policy option, a study period of no less thantwo years is called for in order to allow for adequate data collection and public comment,although a draft may be produced in as little as six months from the beginning of the

study period. If areas of particular concern arise during the study period, this project can be extended indefinitely as needed, or else the data used to inform more focused studieson the health effects of fracking by the NYSDOH or other research bodies.

Although HIAs are, in principle, neutral scientific undertakings, there is a risk of political blowback resulting from this policy option, mostly from the natural gas industryitself. This was the case in Garfield County, where the largest portion of commentsreceived was from Antero Resources, which were overwhelmingly negative with respectto the report’s recommendations, citing the lack of extensive quantitative data. cxxxvi Pressure from industry may have played a role in the decision by the Garfield CountyBoard of Commissioners not to extend the HIA contract past the second draft (and thusthe document was never finalized).cxxxvii Given that industry support may be crucial to

ensure the long-term viability of the project, the initial stages of the project should bedesigned to ensure that all stakeholders have the opportunity to comment and makerecommendations as to the course and extent of the research to be conducted. Even withactive stakeholder involvement, however, based on the experience of other jurisdictions itis a near certainty that a HIA will be criticized as unnecessary by industry advocates. Atthe same time, we can expect any hint of new regulations resulting from this study toattract additional criticism on the basis that they frustrate cost projections and poseadditional barriers that will reduce the profitability of fracking, along with the economic benefit to the state. These criticisms are to be expected as part of any undertaking thathas the potential to set back natural gas development. However, both the political andsocial atmosphere of fracking in NYS, which has seen more opposition from citizens andenvironmental and health advocates than any other state, makes such contentionunavoidable, especially in the early years of development. By addressing the issue of health impacts upfront, both the Cuomo Administration and state legislators would quite possibly avoid greater conflict later, which will certainly arise if development results insubstantial health impacts, requiring investigation and possibly new regulation. In other words, while the political cost of this option is potentially high, the political cost of notaddressing health impacts in the early stages of development may be greater still. Boththe health of New Yorkers and the sustainability of the natural gas industry in the statedepend on active and ongoing government leadership and stakeholder involvement inensuring that regulations adequately address health concerns. This ongoing task willgreatly benefit from the collection of reliable, state-level data in the form of a HIA.



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i Montgomery, C.T. and Smith, M.B. “Hydraulic Fracturing: History of an Enduring Technology,” Journal of Petrolium Technology , December 2010, pp. 26-41, at 27. Available at:http://www.spe.org/jpt/print/archives/2010/12/10Hydraulic.pdf (last accessed July 18,2011).

ii Chief Oil and Gas. “Hydraulic Fracturing: Extracting Natural Gas from a ShaleFormation,” Post-Gazette , February 27, 2011. Available at: http://www.post-gazette.com/downloads/20110227Drilling_process.pdf (last accessed July 18, 2011)

iii Geology.com. Hydraulic Fracturing of Oil and Gas Wells Drilled in Shale . Available at:

http://geology.com/articles/hydraulic-fracturing/ (last accessed July 18, 2011).iv Ibid; U.S. Environmental Protection Agency (EPA), Office of Research and Development.Scoping Materials for Initial Design of EPA Research Study on Potential Relationships Between Hydraulic Fracturing and Drinking Water Resources , March 2010, at 5. Available at:http://yosemite.epa.gov/sab/sabproduct.nsf/0/3B745430D624ED3B852576D400514B76/$File/Hydraulic+Frac+Scoping+Doc+for+SAB-3-22-10+Final.pdf (last accessed July 18,2011).

v Dickinson College. What is Marcellus Shale? Brief Background on Marcellus Shale Gas Extraction . Available at: http://www.dickinson.edu/about/sustainability/allarm/content/What-is-Marcellus-Shale-/ (last accessed July 18, 2011).

vi Railroad Commission of Texas. Water Use in the Barnett Shale , January 24, 2011. Availableat: http://www.rrc.state.tx.us/barnettshale/wateruse_barnettshale.php (last accessed July 18,2011).

vii Nichols, D. “Unconventional Natural Gas: Horizontal Drilling and Hydrofracking, Hereto Stay,” FrackCheckWV , April 3, 2011. Available at:http://www.frackcheckwv.net/2011/04/03/unconventional-natural-gas-horizontal-drilling-and-hydrofracking-here-to-stay/ (last accessed July 18, 2011).



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viii Helms, L. “Horizontal Drilling,” North Dakota Industrial Commission, Department of Mineral Resources Newsletter , Vol. 35, No. 1, January 2008, pp. 1-3. Available at:https://www.dmr.nd.gov/ndgs/newsletter/NL0308/pdfs/Horizontal.pdf (last accessed July 18, 2011).

ix Richard Newell U.S. Energy Information Administration (EIA). “Annual Energy Outlook 2011,” Presentation at the Paul H. Nitze School of Advanced International Studies, Washington, DC ,December 16, 2010, at 8, 21, 24. Available at:http://www.eia.gov/neic/speeches/newell_12162010.pdf (last accessed July 18, 2011).

x From Al Granbe. “What is Hydraulic Fracturing?” ProPublica . Available at:http://www.propublica.org/special/hydraulic-fracturing-national (last accessed July 18,2011).

xi Smith, J.Z. “Barnett Shale Gas Production Passes Milestone,” Fort Worth Star-Telegram ,March 9, 2011. Available at: http://www.star-telegram.com/2011/03/09/2909737/barnett-

shale-passes-gas-production.html; EIA. “Natural Gas Explained,” December 21, 2010. Available at: http://www.eia.gov/energyexplained/index.cfm?page=natural_gas_where (lastaccessed July 18, 2011).

xii Messer, A.E. “Unconventional Natural Gas Reservoir in Pennsylvania Poised toDramatically Increase US Production,” EurecAlert , January 17, 2008. Available at:http://www.eurekalert.org/pub_releases/2008-01/ps-ung011708.php (last accessed July 18,2011).

xiii Dar, V. “Will the Utica Shale Surpass the Barnett and Marcellus?” Seeking Alpha , February 28, 2011. Available at: http://seekingalpha.com/article/255525-will-the-utica-shale-surpass-

the-barnett-and-marcellus (last accessed July 18, 2011).xiv EIA. “Annual Energy Outlook 2011,” Executive Summary: Domestic Shale Gas Resources Support Increased Natural Gas Production With Moderate Prices , April 26, 2011. Available at:http://www.eia.gov/forecasts/aeo/chapter_executive_summary.cfm#domestic (lastaccessed July 18, 2011).

xv From Warlick International. Gas Shale Development is Now Faced With Challenging Issues: What Can we Expect Through 2009? , November 1, 2008. Available at:http://www.waytogoto.com/wiki/index.php/Shale_sweepstakes (last accessed July 18,2011).



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xvi From Presentation to SUNY Upstate Medical University. Public Health Implications of Hydraulic Fracturing , April 13, 2011, at 11. Available at:http://www.upstate.edu/cnymph/pdf/hydraulic_fracturing_implications.pdf (last accessed July 18, 2011).

xvii Letter from Dr. Larysa Dyrszka, et al to Dr. Nirav R. Shah, Commissioner, New York State Department of Health, February 28, 2011.

xviii Long, S. “What’s in That Fracking Fluid?” The River Reporter , Vol. 34, No. 49, December4-10, 2008. Available at: http://www.riverreporter.com/issues/08-12-04/fracking.pdf (lastaccessed July 18, 2011).

xix Letter from Dr. Larysa Dyrszka, Supra note 17.

xx Scott, M. “Fracking Fluid from Gas Well Drilling Being Treated at Ohio Wastewater

Treatment Plant,” Cleveland.com Real Time News , May 14, 2011. Available at:http://blog.cleveland.com/metro/2011/05/fracking_fluid_being_treated_a.html (lastaccessed July 18, 2011).

xxi Malloy, D. “Some Water Treatment Plants Refuse to take Fracking Fluid,” Pittsburgh Post- Gazette , April 13, 2011. Available at: http://www.post-gazette.com/pg/11103/1138930-84.stm (last accessed July 18, 2011).

xxii Smith, D.L. “With Texas’ New Fracking Law, Squabbles Will Continue,” The Motley Fool , June 22, 2011. Available at: http://www.fool.com/investing/general/2011/06/22/with-texas-new-fracking-law-squabbles-will-continu.aspx (last accessed July 18, 2011).

xxiii Puko, T. “Pennsylvania Fracking Water Being Disposed of in Ohio,” TribLive News , July 5, 2011. Available at: http://www.pittsburghlive.com/x/pittsburghtrib/s_745228.html (lastaccessed July 18, 2011).

xxiv First, F. “Solution to Fracking Fluid Fate: Recycle and Reuse, Sounds Promising, but…,” Amplify , October 24, 2010. Available at: http://fred1st.amplify.com/2010/10/24/solution-to-fracking-fluid-fate-recycle-and-reuse-sounds-promising-but/ (last accessed July 18, 2011).

xxv Independent Water Testing. What is Fracking? 2011. Available at:http://www.independentwatertesting.com/education-center/whats-in-your-water.html (last



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accessed July 18, 2011).

xxvi Ibid

xxvii Lott, C. “Workshop of Fracking the Marcellus Shale,” The Millbrook Independent , April 13,2011. Available at: http://themillbrookindependent.com/content/workshop-fracking-marcellus-shale (last accessed July 18, 2011).

xxviii Chesapeake Energy. Marcellus Shale Hydraulic Fracturing Fact Sheet , April 2011, at 3. Available at:http://www.chk.com/media/marcellusmediakits/marcellus_hydraulic_fracturing_fact_sheet.pdf (last accessed July 18, 2011).

xxix Penn State College of Agricultural Sciences, School of Forest Resources. “Water Facts#28: Gas Well Drilling and your Private Water Supply,” March 2010, at 2. Available at:http://www.eesi.psu.edu/news_events/EarthTalks/2009Spring/materials2009spr/gasdrillin

g.pdf (last accessed July 18, 2011).

xxx Ibid

xxxi Payne, J.D. “EPA Asserts Fracking Contaminated Water Wells,” Dallas Bar Association , April 2011. Available at: http://www.dallasbar.org/content/epa-asserts-fracking-contaminated-water-wells (last accessed July 18, 2011); Osborn, S.G., et al. “MethaneContamination of Drinking Water Accompanying Gas-Well Drilling and HydraulicFracturing,” Proceedings of the National Academy of Sciences of the United States of America , April 14,2011. Available at:http://www.pnas.org/content/early/2011/05/02/1100682108.full.pdf+html?sid=bde16321

-e169-437d-a59c-798e7f65c479 (last accessed July 18, 2011).xxxii Penningroth, S. The Shale Gas Industry: Risks to Human Health and the Environment , 2010. Available at:http://fli.hws.edu/marcellus/gas_wells_back_to_democracy_talk17_june_2010.pdf; FracFocus Chemical Disclosure Registry. Fluid Flow in the Subsurface , 2011. Available at:http://fracfocus.org/groundwater-protection/fluid-flow-subsurface-darcys-law (lastaccessed July 18, 2011).

xxxiii Ibid



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xxxiv

Marcellus Regional Earth First. Fracking 101: What is the Marcellus Sha le? 2008. Available at:

http: //marcellusearth first.rocus.org / ?q=node/3 (last accessed July 18, 2011); Ports-to-Plains Blog. “What

does the Bakken Mean for North Dakota?”Apr il , 2009. Available at:

http: //www.slideshare .net/ptpb log /hydraulicfractur ing-infrastructure-and-transportation (last accessed

July 18, 2011).

xxxv Armendariz, A. “Emissions from Natural Gas Production in the Barnett Shale Area andOpportunities for Cost-Effective Improvements,” January 26, 2009, at 8. Available at:http://edf.org/documents/9235_Barnett_Shale_Report.pdf (last accessed July 18, 2010).

xxxvi Witter, R. et al. Potential Exposure-Related Human health Effects of oil and Gas Development: AWhite Paper , September 15, 2008, at 25-27. Available at:http://docs.nrdc.org/health/hea_08091702.asp (last accessed July 18, 2011).

xxxvii From supra note 34, at 25.

xxxviii

Ports-to-Plains Blog. “What does the Bakken Mean for North Dakota?”April, 2009. Available at:http://www.slideshare.net/ptpblog/hydraulicfracturing-infrastructure-and-transportation (last accessed July 18, 2011).

xxxix Bateman, C. “A Colossal Fracking Mess,” Vanity Fair , June 21, 2010. Available at:http://www.vanityfair.com/business/features/2010/06/fracking-in-pennsylvania-201006(last accessed July 18, 2011).

xl Ibid

xli Ibid

xlii Considine, T.J. et al. “The Economic Opportunities of Shale Energy Development,”Center for Energy Policy and the Environment: Energy Policy and the Environment Report , No. 9, May 2011. Available at: http://www.manhattan-institute.org/pdf/eper_09.pdf (last accessed July 18, 2011).

xliii Burton, P. “’Fracking’ Fees Buoy Some States,” The Bond Buyer , July 18, 2011. Availableat: http://www.bondbuyer.com/issues/120_136/natural-gas-drilling-municipalities-1029014-1.html (last accessed July 18, 2011).

xliv Wernham, A. “Inupiat Health and Proposed Alaskan Oil Development: Results of the



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First Integrated Health Impact Assessment/Environmental Impact Statement for ProposedOil Development on Alaska’s North Slope,” EcoHealth , Vol. 4, pp. 500-13, at 503. Availableat: http://www.springerlink.com/content/h23528781uq67732/ (last accessed July 18, 2011).

xlv Jo, S. “Fracking a Small Town in Pennsylvania,” Show Me Progress , May 29, 2011. Availableat: http://showmeprogress.com/diary/6059/fracking-a-small-town-in-pennsylvania (lastaccessed July 18, 2011).

xlvi EPA. Evaluation of Impacts to Underground Sources of Drinking Water by Hydraulic Fracturing of Coalbed Methane Reservoirs Study , 2004. Available at:http://water.epa.gov/type/groundwater/uic/class2/hydraulicfracturing/wells_coalbedmethanestudy.cfm (last accessed July 18, 2011).

xlvii Brady, J. “Face-Off Over ‘Fracking’: Water Battle Brews on Hill,” NPR , May 27, 2009. Available at: http://www.npr.org/templates/story/story.php?storyId=104565793 (lastaccessed July 18, 2011); Witter, supra note 35, at 5; Collins, S et al. “Energy Industry Fights

Chemical Disclosure,” Center for American Progress , April 6, 2010. Available at:http://www.americanprogress.org/issues/2010/04/fracking.html (last accessed July 18,2011).

xlviii DuBois, S. “Does the EPA have the Tools to Regulate Fracking?” CNN Money , October1, 2010. Available at:http://money.cnn.com/2010/10/01/news/companies/EPA_Clean_Water_Act_fracking.fortune/index.htm (last accessed July 18, 2011); Lustgarten, A. “Former Bush EPA OfficialSays Fracking Exemption Went too Far; Congress Should Revisit,” ProPublica , March 9,2011. Available at: http://www.propublica.org/article/former-bush-epa-official-says-fracking-exemption-went-too-far (last accessed July 18, 2011).

xlix S. 1215: Fracturing Responsibility and Awareness of Chemicals (FRAC) Act. Sponsoredby Sen. Robert Casey. Govtrack.us . Available at:http://www.govtrack.us/congress/bill.xpd?bill=s111-1215 (last accessed July 18, 2011).

l Editorial. “EPA Chief Promises New Clean Air Rules Related to Fracking,” Natural Gas Watch.org., June 29, 2011. Available at: http://www.naturalgaswatch.org/?p=652 (lastaccessed July 18, 2011).

li EPA. Hydraulic Fracturing . Available at:http://water.epa.gov/type/groundwater/uic/class2/hydraulicfracturing/index.cfm (last



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accessed July 18, 2011).

lii Hurley, L. “N.Y. Natural Gas Fracking Lawsuit Raises NEPA Questions,” New YorkTimes , June 1, 2011. Available at:http://www.nytimes.com/gwire/2011/06/01/01greenwire-ny-natural-gas-fracking-lawsuit-raises-nepa-qu- 12192.html (last accessed July 18, 2011).

liii Kary, T. et al. “New York Sues U.S. Over Delaware River Basin Gas Drilling,” Bloomberg ,May 31, 2011. Available at: http://www.bloomberg.com/news/2011-05-31/new-york-to-sue-u-s-over-delaware-river-basin-gas-fracking-water-impact.html (last accessed July 18,2011).

liv German, B. New York AG Sues Feds Over Gas ‘Fracking,’” The Hill , May 31, 2011. Available at: http://thehill.com/blogs/e2-wire/677-e2-wire/163979-new-york-ag-sues-feds-over-gas-fracking (last accessed July 18, 2011).

lv Wiseman, H. “Untested Waters: The Rise of Hydraulic Fracturing in Oil and GasProduction and the Need to Revisit Regulation,” Fordham Environmental Law Review , No. 115,2009, at 32. Available at:http://www.law.uh.edu/faculty/thester/courses/Emerging%20Tech%202011/Wiseman%20on%20Fracking.pdf (last accessed July 18, 2011).

lvi Ibid

lvii Ibid

lviii Ibid

lix Ibid

lx New York State Department of Environmental Conservation (NYSDEC). Preliminary Revised Draft SGEIS on the Oil, Gas and Solution Mining Regulatory Program , July 2011. Availableat: http://www.dec.ny.gov/energy/75370.html (last accessed July 18, 2011).

lxi 6 NYCRR Part 617. See: NYSDEC. SEQR: Environmental Impact Assessment in New YorkState . Available at: http://www.dec.ny.gov/permits/357.html (last accessed July 18, 2011).

lxii Legere, L. “N.Y. Near Pa. in Strength of Fracking Regulations,” Standard Speaker , July 9,



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2011. Available at: http://standardspeaker.com/news/n-y-near-pa-in-strength-of-fracking-regulations-1.1172851#axzz1S7JvgDHw (last accessed July 18, 2011).

lxiii Environmental News Service. “47 Groups Oppose Fracking Plans of New York’sCuomo Administration,” July 7, 2011. Available at: http://www.ens-newswire.com/ens/jul2011/2011-07-07-096.html (last accessed July 18, 2011).

lxiv Sanders, T. “New York Moves to Allow, while New Jersey May Ban, Shale Fracking,”Washington Energy report , July 1, 2011. Available at:http://www.troutmansandersenergyreport.com/2011/07/new-york-moves-to-allow-while-new-jersey-may-ban-shale-fracking/ (last accessed July 18, 2011).

lxv Environmental News Service, supra note 62.

lxvi NYSDEC, supra note 69.

lxvii Bateman, supra note 38.

lxviii Legere, supra note 111.Bateman, supra note 38.

lxix Legere, supra note 111.Bateman, supra note 38.

lxx Ibid

lxxi Ibid; Network for Oil and Gas Accountability and Protection. Incidents Where Hydraulic

Fracturing is a Suspected Cause of Drinking Water Contamination , June 16, 2011. Available at:http://www.neogap.org/neogap/2011/07/07/incidents-of-water-contamination_6-16-11/(last accessed July 18, 2011).

lxxii Bateman, supra note 38; Lustgarten, A. “Frack Fluid Spilli in Dimock ContaminatesStream, Kiling Fish,” ProPublica , September 21, 2009. Available at:http://www.propublica.org/article/frack-fluid-spill-in-dimock-contaminates-stream-killing-fish-921 (last accessed July 18, 2011).

lxxiii Hoye, S. et al. “’Fracking’ Yields Fuel, Fear in Northeast,” CNN , September 3, 2010. Available at: http://www.cnn.com/2010/US/09/02/fracking/index.html (last accessed July



30

18, 2011).

lxxiv Bateman, supra note 38.

lxxv Ibid

lxxvi Alonso, P.W. “Drilling Company Gets Off Easy in Dimock Fracking Settlement,” America’s Watchdog , December 18, 2010. Available at: http://www.americas- watchdog.com/drilling-company-gets-off-easy-in-dimock-fracking-settlement/ (last accessed July 18, 2011).

lxxvii Ibid

lxxviii Bateman, supra note 38.

lxxix Editorial. “Dimock Water Settlement Leaves Town Divided,” Pressconnects.com , December

16, 2010. Available at:http://www.pressconnects.com/article/20101216/NEWS01/12160411/Dimock-water-settlement-leaves-town-divided (last accessed July 18, 2011).

lxxx Ibid

lxxxi Garfieldcounty.com. About Garfield County . Available at: http://www.garfield-county.com/about-garfield-county/index.aspx (last accessed July 18, 2011).

lxxxii Thyne, G. Review of Phase II Hydrogeologic Study , December 20, 2008, at 5. Available at:http://s3.amazonaws.com/propublica/assets/methane/thyne_review.pdf (last accessed July

18, 2011).lxxxiii

Block, S. “Gas Drilling Permits Rise in County,” The Trinidad Times, No . 59, July 22, 2011. Available at:

http: //trinidad-times.com/ gas-drilling-permits-rise-in-county-p2235-1.htm (last accessed July 18, 2011).

lxxxiv Interview with Abrahm Lustgarten, Democacy Now , September 3, 2009. Available at:http://www.democracynow.org/2009/9/3/fracking_and_the_environment_natural_gas(last accessed July 18, 2011).

lxxxv Brown, V.J. “Industry Issues: Putting the Heat on Gas,” Environmental Health Perspectives , Vol. 115, No. 2. Available at: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1817691/



31

(last accessed July 18, 2011).

lxxxvi Ibid

lxxxvii Witter, Roxana et al. “Battlement Mesa Health Impact Assessment (2nd Draft),”Prepared for: Garfield County Board of County Commissioners , February 2011. Available at:http://www.garfield-county.com/public-health/battlement-mesa-health-impact-assessment-draft2.aspx (last accessed July 18, 2011).

lxxxviii Ibid, at Part 1 p. 31-36.

lxxxix Ibid, at Part 1 p. 43-44.

xc Ibid, at Part 1, p. 52.

xci Ibid, at Part 1, p. 53-57.

xcii Ibid, at Part 1, p. 57.

xciii Ibid

xciv Ibid, at Part 1, p. 60-64.

xcv Ibid, at Part 1, p. 63.

xcvi Ibid, at Part 1, p. 69.

xcvii

Ibid, at Part 1, p. 69.xcviii Ibid, at Part 1, p. 70

xcix Ibid, at Part 1, p. 70-71.

c Ibid, at Part 1, p. 74-75.

ci Ibid, at Part 1, p. 77-78

cii Ibid, at Part 1, p. 79.



32

ciii Ibid, at Part 1, p. 12-26

civ Health Impact Project. Vote Ends Work on Battlement Mesa HIA, May 4, 2011. Available at: http://www.healthimpactproject.org/news/in/vote-ends-work-on-battlement-mesa-hia (last accessed July 18, 2011).

cv Jynn, J. “A Frack ing Mess – Natural Gas is Not the Fue l of the Future,” Naked Capita lism, July 6, 2011.

Available at: http: //www.nakedcapitalism.com/2011/07/ jon-rynn-a-fracking-mess-%E2%80%93-natural-

gas-is-not-the -fue l-of-the -future.htm l (last accessed July 18, 2011); Vaughan, A.D. and Pursell , D. “Frac

Attack: Risks, Hype, and Financial Reali ty of Hydraulic Fracturing in Shale Plays,” Joint Report by Reservoir Research Partners and Tudor Pickering Holt and Co. July 8, 2010, at 4. Available at:

http: //westernenergyall iance.org /wp-content/uploads /2010/03/ fracattack.pdf (last accessed August 31,

2011).

cvi Natural Gas Futures Prices – NYMEX . Available at:

http://www.wtrg.com/daily/gasprice.html (last accessed July 18, 2011).cvii Wasser, L. “Low Natural Gas Prices Could Buy Fracking Opponents Time,” Policy Shop,May 24, 2011. Available at: http://www.policyshop.net/home/2011/5/24/low-natural-gas-prices-could-buy-fracking-opponents-time.html (last accessed July 18, 2011).

cviii Ragheb, M. “Natural Gas as a Bridge Fuel,” University of Illinois at Urbana-Champaign , May 23, 2011. Available at:https://netfiles.uiuc.edu/mragheb/www/NPRE%20498ES%20Energy%20Storage%20Systems/Natural%20Gas%20as%20a%20Bridge%20Fuel.pdf (last accessed July 18, 2011).

cix Ibid

cxVaughan, A.D. and Pursell , D. “Frac Attack: Risks, Hype, and Financial Reali ty of Hydraulic Fractur ing in

Shale Plays,” Joint Report by Reservoir Research Partners and Tudor Pickering Holt and Co. July 8, 2010, at

4. Available at: http: //westernenergyalliance.org /wp-content/uploads /2010/03/ fracattack.pdf (last

accessed August 31, 2011).

cxiIbid, at 53.

cxii Mulkern, A.C. “Industry Campaign Targets ‘Hydraulic Fracturing’ Bill,” E and EPublishing , May 7, 2009. Available at:



33

http://www.eenews.net/public/Greenwire/2009/05/07/10 (last accessed July 18, 2011).

cxiii New York Common Cause. Deep Drilling, Deep Pockets: Expenditures of the Natural Gas Industry in New York to Influence Public Policy , July 2010, at 1. Available at:http://www.citizenscampaign.org/PDFs/Lobbying%20Report%20-%20July%20update%20-%20FINAL.pdf (last accessed July 18, 2011).

cxiv Holtz-Eakin, D. “N.Y., Start Hydrofracking: Jobs Await and we all Need Cleaner,Homegrown Energy,” NY Daily News , July 13, 2011. Available at:http://www.nydailynews.com/opinions/2011/07/13/2011-07-13_ny_start_hydrofracking_jobs_await_and_we_all_need_cleaner_homegrown_energy.html(last accessed July 18, 2011).

cxv Gardner, T. “Obama Forms Panel to Improve Fracking Safety,” Reuters , May 5, 2011. Available at: http://www.reuters.com/article/2011/05/05/us-usa-fracking-panel-idUSTRE7447US20110505 (last accessed July 18, 2011).

cxvi Staff Reporter. “’Fracking’ for Natural Gas Reportedly to get NY OK,” msnbc.com , June 6,2011. Available at: http://www.msnbc.msn.com/id/43596761/ns/us_news-environment/t/fracking-natural-gas-reportedly-get-ny-ok/ (last accessed July 18, 2011).

cxvii Ibid

cxviii Gilliland, D. “Marcellus Shale Drilling Creates 48,000 Jobs, Report Says,” Pennlive.com ,May 29, 2011. Available at:http://www.pennlive.com/midstate/index.ssf/2011/05/marcellus_shale_drilling_creat.html(last accessed July 18, 2011).

cxix Siena College Research Institute. Poll on The State of New York, July 6-7, at 6. Available.at:http://www.siena.edu/uploadedfiles/home/Parents_and_Community/Community_Page/SRI/SNY_Poll/SNY0711%20Crosstabs.pdf (last accessed July 18, 2011).

cxx Headwaters Economics. Fossil Fuel Extraction as a County Economic Development Strategy: Are Energy-focusing Counties Benifiting? No. 3 of 8, September 2008. Available

at: http://www.delawareriverkeeper.org/resources/Reports/HeadwatersEconomics_EnergyFocusing.pdf (last accessed August 30, 2011).



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cxxiIbid, at 17-21

cxxii Barth, J.M. “Economic Study on Gas Drilling is Full of Holes,” Pressconnects.com ,November 17, 2010. Available at:http://www.pressconnects.com/article/20101118/VIEWPOINTS02/11180309/Economic-study-gas-drilling-full-holes (last accessed August 30, 2011).

cxxiii Barth, J.M. “Unanswered Questions about the Economic Impact of Gas Drilling in theMarcellus Shale: Don’t Jump to Conclusions,” JM Barth & Associates, Inc , March 22, 2010, at8. Available at:http://www.delawareriverkeeper.org/resources/Reports/Barth%20paper.pdf (last accessed August 30, 2011).

cxxiv Joshua, J. “Groups Opposed to New York’s Fracking Plans,” YourLawyer.com Blog, July 8, 2011. Available at: http://www.yourlawyer.com/blog/groups-opposed-to-new-yorks-

fracking-plans/ (last accessed July 18, 2011).

cxxv Alonso, supra note 76.

http: //www.americas-watchdog.com/new-yorks-morator ium-on-fracking-faces-opposition-in-state-

assemb ly/

cxxvi See, e.g. Holtz-Eakin, supra note 111.

cxxvii See, e.g. Williams, D.O. “Officials Say Fracking Chemical Disclosure Won’t StopSpills,” The Washington Independent , May 13, 2011. Available at:http://washingtonindependent.com/109544/officials-say-fracking-chemical-disclosure-

won%E2%80%99t-stop-spills (last accessed July 18, 2011).cxxviii Dannenberg, A.L. et al. “Growing the Field of Health Impact Assessment in the UnitedStates: An Agenda for Research and Practice,” American Journal of Public Health , Vol. 96, No.2, February 2005, at 262. Available at:http://www.sfphes.org/publications/Dannenberg_AJPH_2006.pdf (last accessed July 18,2011).

cxxix Human Impact Partners. How Much Does Conducting a HIA Cost? Available at:http://www.humanimpact.org/hia#howmuch (last accessed July 18, 2011).



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cxxx Abrahams, D. et al. European Policy Health Impact Assessment , May 2004, at 7. Available at:http://ec.europa.eu/health/ph_projects/2001/monitoring/fp_monitoring_2001_a6_frep_11_en.pdf (last accessed July 18, 2011).

cxxxi Garfieldcounty.com. Battlement Mesa HIA Project Timeline . Available at:http://www.garfield-county.com/public-health/battlement-mesa-health-impact-assessment-timeline.aspx (last accessed July 18, 2011).

cxxxii Staff Reporter. “Garfield County Releases Report on Health Risks of Gas Drilling,” The Aspen Business Journal , March 1, 2011. Available at:http://www.aspenbusinessjournal.com/article/id/414/sid/9 (last accessed July 18, 2011).

cxxxiii Walsh, B. “Is New York About to Get Fracking? Not Exactly,” Time.com , June 30, 2011. Available at: http://ecocentric.blogs.time.com/2011/06/30/is-new-york-about-to-get-fracking-not-exactly/ (last accessed July 18, 2011).

cxxxiv Witter, supra note 86.

cxxxv Presentation to SUNY Upstate Medical University. Public Health Implications of Hydraulic Fracturing , April 13, 2011, at 53. Available at:http://www.upstate.edu/cnymph/pdf/hydraulic_fracturing_implications.pdf (last accessed July 18, 2011); Colson, J. “Garfield County Commissioners Terminate Battlement Health Assessment,” The Aspen Times , May 3, 2011. Available at:http://www.aspentimes.com/article/20110503/NEWS/110509946 (last accessed July 18,2011).

cxxxvi Garfieldcounty.com. Vote Ends Work on Battlement Mesa HIA, May 4, 2011. Available at:

http://www.garfield-county.com/news/public-health-hia-final.aspx (last accessed July 18,2011); Antero Resources Piceance Corporation. Comments on the Second Draft of the Battlement Mesa Health Impact Assessment , April 27, 2011. Available at: http://www.garfield-county.com/public-health/documents/Antero-Exhibit-A-for-Board-of-County-Commissioners.pdf (last accessed July 18, 2011).

cxxxvii Colson, supra et al 131.

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