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January 7,2013 Andrew M. Cuomo Honorable Governor New York of The Capitol Albany,NY 12224 DearGovernorCuomo: graveconcernsaboutthe total lack of write to express We, the undersigned, publicparticipation your StateDepartment Health's(DOH) "Review" of New of fbr of York's "healthimpactanalysis" MarcellusShalegasextraction.This issueis of crucial importanceto New Yorkers,now and fbr future generations. Conservation of Last September, New York Statel)epartment Environmental (DEC) Martensannounced Dr. Shah,the Commissioner o{'the that Commissioner Department Health(DOH), would work with threeoutsideexperlsto review DEC's of "healthimpactanalysis" MarcellusShalegashorizontal drilling combined with of fracturing. hydraulic haveneverbeen The scopeof the DOH Reviewandhow it would be conducted throughnewsleaksthat publiclydisclosed requests. hasbeenrevealed It repeated despite would work a total of only 25 hoursto review more than experts reportedly the outside that 4,000pages documents havealsonot beenmadepublic. of Generic Supplemental Martenshasstated that neithera F-inal Commissioner (SGEfS)nor any Revised ShaleGasRulemaking ImpactStatement Environmental it proposal until the DOH Reviewis completed.Given its importance, would be adopted open and transparent. imperativethat the DOH Review be comprehensive, is or To date,no memberof the Legislature the public has seenDEC's "health impact analysis"or any informationregardingthe intent of the DOH Review or how it is being conducted. a, The New York Times and other media outletsreleased We write today because it that is extremelytroubling because asserts purportedly,year-olddocumentlast week that:

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"By implementing proposed the mitigationmeasures identifiedand requiredin this Supplemental GEIS, the Department expectsthat human chemicalexposures during normal HVHF IHigh-Volume,Hydraulic Fracturingl operationswill be preventedor reduced below levelsof significanthealth concern.Thus, significant adverseimpacts on human health are not expected from routine HVHF operations (emphasis added)." We areconcerned this dubiousclaim is the basisof DEC's plan to safeguard that New Yorkers from shalegasextractionhazards.DEC and local healthdepartments in New York's Southern Tier havedocumented numerous incidents wherecitizenshave beendirectlyimpacted gasand oil drilling problems.In light of thoseproblems, we by doubtthat simply asserting that citizenswill neverbe exposed shalegasfracturing to pollutantsconstitutes meaningfulpublic healthprotectionstrategy. a for It is importantto point out that DEC haslong beencriticizedrepeatedly its public healthsafeguards shalegasextractionthreats. The failure to proposeadequate for Environmental Protection Agencyhassubmitted morethan40 pages detailed of in comments aboutthe shortcomings DEC's draft andreviseddraft SGEISsbeginning of 2009and continuing through2012. Statelaw and regulationare clear aboutthe reasonfbr environmentalimpact (EISs);New York hasan "obligationto protectthe environment the use fbr statements generations." definingthe word "environment," In and enjoyment this and all future of "humanhealth"is specifically noted. The statute environmental on impactstatements "that may makesexplicit the requirement "solicit comment"for proposals to also significantly affectthe quality of the environment."We believethat is clearlythe case review. with DOH's "healthimoactanalvsis" In contrast that requirement, DOI'l Reviewis beingconducted total in to the without any opportunityfor public review and commenton it. Also, the time secrecy allocatedfbr the expertreview is far too short and obviously inadequate. That is why we very respectfullyrequestthat you immediatelyrequire: a) Immediatewritten public noticeregardingthe intent and scopeof the DOH Review; of b) Release DEC's "Health ImpactAnalysis"for public review; c) At leastone public hearingto allow CommissionerShahand the threeoutside expertsto heartestimonyaboutthe proposedDOH Review. d) A minimum 30 daysfor public review and commentby all partiesof the proposed DOH Review. interested to Theserequirements essential make surethat the DOH review will be are

comprehensive scopeand properly conducted in with public engagement.Until these public participationrequirements fulfilled, we requestthat: are Review; l) DOH put on-holdcompletion its "healthimpactanalysis" of 2) DEC withhold adoptionof a Final SGEIS;and 3) The RevisedShaleGas Rulemakingproposalnot be finalized. The Legislatureand the public at-largemust have completefaith in the integrity of this That is why theremustbe no rushto complete DOH Review. As the crucialproceeding. you haverepeatedly stated,"We haveto let the scientists their work without do interference arbitrarydeadlines." [t is equally importantthat the scopeof their work or needs New Yorkers. of be adequate meetthe public healthprotection to We urge greatcautionin this crucial matterfor the sakeof the healthof all New Yorkers. issues that were with the othersignificant outstanding Of course, remainconcerned we you on June 13,2012,signedby T6legislators, we feel that in enumerated a letterto havebeenfulfilled, we Until all theselegalrequirements stronglymust be addressed. hydraulic on mustrequest that you maintainNew York's currentmoratorium horizontal fracturing MarcellusShale. in Thank you fbr your attentionto our deepconcerns. Sincerelv vours.