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Officially, DEC Acknowledges New Fracking Comment Period (UPDATED)

Posted By Jon Campbell On November 28, 2012 @ 4:37 pm In Uncategorized | Comments Disabled

(Post updated and clarified.)

The Department of Environmental Conservation acknowledged today that it will soon have to issue a revised set of hydrofracking proposals and open them to public comment.

A DEC spokeswoman confirmed yesterday [1] that the agency would file for a 90-day extension on its proposed regulations for large-scale hydrofracking. But the agency confirmed today that it will, in fact, have to issue updated proposals in order to receive the extension, and those proposals will be subject to 30 days of comment.

“A 30-day public comment period is required,” agency spokeswoman Emily DeSantis said today. “It will begin when the revised draft regulations are released.”

It’s not exactly clear when those regulations will be released to the public, however. The deadline to file them with the Department of State appears to be tomorrow, according to the State Administrative Procedures Act (SAPA) [2], though it may not require them to be made public as soon as they are filed. (Some attorneys dispute that notion, however.)

Others have interpreted the law differently, with some legal watchers believing they must be published in the state register before the deadline, and others believing the state may be able to file them after the deadline.

DeSantis said the new proposals “will be released according to the requirements of SAPA.”

Standard disclaimer: High-volume hydrofracking—the method of stimulating natural gas from tight shale formations—has been on hold in New York since the DEC first launched a review of the technique in 2008. Permits can’t be issued until that review is finalized.


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[1] confirmed yesterday: http://www.stargazette.com/apps/pbcs.dll/article?AID=2012311270057

[2] according to the State Administrative Procedures Act (SAPA): http://codes.lp.findlaw.com/nycode/SAP/2/202