NORTHRUP

December 18, 2012 Attn: Draft HVHF Regulations Comments New York State Department of Environmental Conservation 625 Broadway Albany, NY 12233-6510 Re: Allowance of open pits, undisclosed fluids and use of diesel in fracking Section 560 Summary Open pits are allowed for drilling muds and drill cuttings on HVHF wells, the only exception being Marcellus Shale wells, which has a loophole that would allow for open pits. 560.6 (c) (7) (i) Open pits may be filled to the brim, No freeboard requirement; 560.6 (a) (4) (vii) has been eliminated. There is no public disclosure required for any chemicals used for drilling or fracking HVHF wells. Diesel oil is allowed as a fracking fluid, up to any amount short of becoming the primary fluid in the frack. Open pits are now allowed for drilling mud and drill cuttings on HVHF wells 560.6 Well Construction and operation (4) Any reserve pit, drilling pit or mud pit on the well pad which will be used for more than one well must be constructed as follows: "(7) A closed-loop tank system must be used instead of a reserve pit to manage drilling fluids and cuttings for any of the following: (i) horizontal drilling in the Marcellus Shale unless an acid rock drainage mitigation plan for on-site burial of such cuttings is approved by the department; and 1

(ii) any drilling requiring cuttings to be disposed of off-site." Meaning any other horizontal shale wells can be drilled with open pits. And radioactive drill cuttings can be dumped in open pits on site. Open pits can now be filled to overflowing The September 2011 draft1 requirement for two feet of freeboard in open pits has been eliminated from the current draft, meaning a pit can be filled to the brim: 560.6 (a) (4) (viii) for pits used to hold other than fresh water, at least two feet of freeboard must be maintained at all times. Diesel fuel is allowed in fracking fluid in any concentration short of becoming the base fluid. 560.6 Well Construction and Operation (c) Drilling, Hydraulic Fracturing and Flowback (24) Diesel fuel may not be used as the base fluid for hydraulic fracturing operations." This loophole means that diesel can be used as up to 49% of the total amount of frack fluid, as long as it does not become the base fluid, meaning the predominant fluid used in fracking. Water is the base fluid of fracking. See 560.2 "(3) 'base fluid' shall mean a substance, such as water or recycled flowback water, into which additives are mixed to form the hydraulic fracturing fluid which transports proppant, if used."

There is no public disclosure required for chemicals used in drilling or fracking a HVHF well. "560.3 (d) Hydraulic Fracturing Fluid Disclosure (2) The department will disclose to the public the information submitted pursuant to paragraph (1) of this subdivision except that operators or other persons who supply information subject to paragraph (1) of this subdivision may request such records to be exempt from disclosure as provided by Part 616 of this Title. Records determined by the department to be exempt from disclosure shall not be considered a well record for purposes of disclosure." Proprietary Fracking Fluids are exempt from public disclosure. This is another 'Halliburton Loophole' in the regs. in favor of the industry to the detriment of the public. Nothing should
1

http://www.scribd.com/doc/117326305/Parts-550-556-and-560-Sept-2011

be exempt from public disclosure, since if the frack fluids sicken someone, the victim and their doctor need to know what was used.

James L. Northrup 17 River Street Cooperstown, NY 13326