January 4, 2013 Attn: Draft HVHF Regulations Comments New York State Department of Environmental Conservation 625 Broadway

Albany, NY 12233-6510 Dear Commissioner Martens, I submit the following comments on the draft HVHF regulations, but first I must protest the process by which these draft regulations have been released for comment without a credible health impact study and before the revised SGEIS is finalized, required by law to inform the drafting of regulations. The DEC has also placed undue burden on citizens, organizations, and municipalities to prepare comments on highly technical regulations with a minimal 30 days over the holidays, thereby squelching meaningful public participation. Due to the inherent risks to health, the environment, economies, and community character, hydrofracking must not be permitted in New York anytime in the foreseeable future. Notwithstanding this, I submit the following regarding chemicals and chemical disclosure. Sections 560.3(d) Hydraulic Fracturing Fluid Disclosure and 560.3(h) Hydraulic Fracturing Fluid Disclosure Following Well Completion fail to require full disclosure of all chemicals used in the fracking process. The draft regulations allow applicants to withhold identification of chemicals asserted to be "trade secrets". This provision, combined with disclosure exemptions granted by the EPA, puts New Yorks citizens at risk of exposure to dangerous unknown chemicals. In addition, by failing to require a comprehensive registry of all chemicals used without exception, the regulations block access to critical information by medical professionals investigating causes of illness and trying to treat their patients who may become sick due to industrial chemicals exposure. The DEC should establish a clear regulatory requirement that all chemicals used in the fracking process-without exception--be disclosed in a registry readily accessible to the public. Chemical additives make up only 2% of frack fluid, yet the total volume of water estimated per well is 2.4 - 7.8 million gallons. At 1,600 wells annually, 76.8 million to 249.6 million gallons of chemicals would be used per year. Several are known carcinogens, endocrine disruptors, or are otherwise dangerous. Since wastewater treatment facilities in New York are not equipped to remove many of the chemicals that return to the surface as flowback, these will accumulate in the environment and pose an increasing threat to public health. Filtering systems used by public water supplies are not be capable of removing these chemicals either. Despite growing evidence, not a single carcinogen or toxic chemical has been deemed unsafe in the regulations. Certain chemicals like benzene, dangerous at even very low concentrations, should be prohibited. In communities where fracking occurs, scientific studies tracking the effects of chemicals have shown increases in childhood leukemia, neural tube birth defects, and childhood asthma. The regulations should be revised to

prohibit the use of BTEX chemicals and other toxic additives in the fracking process. The above underscores failure of the proposed regulations to protect human health and the critical need for an independent Comprehensive Health Impact Study. Sincerely,